Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched.-Transfer of house at reserved price mentioned in auction list-Transferee paying up such price Later price as given in auction list found to be incorrect and Settlement authorities claiming a larger amount-Transferee thereupon surren­dering his right by getting transfer cancelled and receiving refund of price paid--Could not be permitted to question transfer of house to another by open auction subsequently. JUDGMENT MUHAMMAD GUL, J.-The dispute in this petition for Special leave to appeal concerns the transfer of house No. 1/439, Chitti Rattian, Rawalpindi City. The contest is now confined to the petitioner who is a claimant displaced person in occupation of a portion of it through his son, being an allottee of a portion and respondent No. 1, the purchaser of the entire house at an open auction under Scheme No. VIII under Act XXVIII of 1958. On the eve of the settlement operations, the petitioner and one Abdullah, also a claimant who was in occupation of another portion of the house, applied on CH forms for the transfer of the house. The Deputy Settlement Commissioner by his order dated 22-11-59 transferred the house in favour of Abdullah, who however could not pay the price and therefore the transfer in his favour was cancelled and the property was resumed to be included in the auction list for sale at reserved price of Rs. 21,600. The petitioner whose CH form had earlier been rejected applied to the Deputy Settlement Commissioner requesting that since he has been in occupation of the house it should be transferred to him on payment of the reserved price. The request was allowed and the house was transferred to him on payment of Rs. 21,600 of which Rs. 9,600 was adjusted against his claim and balance Rs. 12,000 was paid by him in cash. After the petitioner had paid the full price he was informed by the Deputy Settlement Commissioner 04 the reserve price of the house in dispute owing to an accidental error was shown' in the auction list as Rs. 21,600 -although its actual price was Rs.42,240. But the petitioner who was directed to pay the balance, did not consider it worthwhile to…

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