Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched, part 1-Transfer of house--Order of Central Government dated 13-10-59 regarding clearance of rent­ Condition imposed only on parsons who are not in occupation of premises in pursuance or order passed by competent authority­ Condition of clearance of rent not applicable to regular allottees. In the order of the Central Government dated 13th October 1959, it will be noticed that it is only in respect of persons who are not in occupation of the premises in pursuance of an order passed by a competent authority that the condition of clearance of rent is imposed. So far as the persons who are allottees are concerned, no such condition is applicable to them and the house can be transferred to them without imposing any such condition. Claimants, non-claimants, displaced persons and locals who are in authorised possession of the premises are not liable 4o clear rents before a transfer order is issued in their favour. Such rent can be recovered from them by Instalments or by other means after the transfer order is issued to them. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII or 1958) Sched. Part 1-Transfer of house to locals ­Memo. No. 7355-P1.-Reh /60, dated 2-5-60-House divided into two units and such sub-division existing before partition-Restriction that house could not be divided for purpose of transfer to locals, .in circumstance, not applicable. It is quite true that under Memorandum No. 7355-PI-Reh/60 elated 2-5-60 a house cannot be divided for purpose of transfer to the locals but if such division exists before Partition and the sub-divided unit is an independent residential premises in every respect this restriction is not applicable. Where, therefore, there was evidence that the house from pre-Partition days was occupied by two families and consisted of two units and after Partition, the same position continued it was held that the memorandum did not stand in the way of transfer to locals. Malik Saeed Hassan, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate-on-Record for Appellant. Sardar Hidayatullah Moakal, Advocate Supreme Court…

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