Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 3---Settlement Scheme No.6 (1959)---Application for issuance of certified copy of "Permanent Transfer Deed"---Applicant had claimed that he had purchased property in dispute from original transferee through registered sale-deed---Alleged transferee of the property claimed that he being "non-claimant displaced person" was allotted property in question under the Settlement Scheme No.VI; and that he paid/adjusted its price from Compensation Books through association deeds from the claimants, but said Compensation Books were not available on record, nor he could produce the copies of the same---General attorney of alleged transferee had sold suit property to his son, who sold the same to the applicant vide alleged sale-deed executed on the basis of general power of attorney allegedly executed by the transferee of the property in dispute---General power-of-attorney/ "Ishtraq Nama" was not produced before the Settlement Authorities, which triggered doubts not only about the contents of such "Ishtraq Nama" also about the general power-of-attorney as well---When alleged power of attorney was executed by original transferee, he had not applied for the allotment of impugned property---Even in said general power of attorney, there was no mention of any property, including the property in question for which said power-of-attorney had been used---When credentials of the vendor of applicant had become doubtful, leading to defective title, applicant, who had come into the shoes of the vendor, could not be better of, and would sink and survive with him---Defective title could not be perfect---Application for issuance of certified copy of "Permanent Transfer Deed" regarding the property in question was not maintainable, and same was dismissed, in circumstances. ORDER WAHEED AKHTAR ANSARI, MEMBER JUDICIAL-III.---The applicants applied to Secretary (S&R) by way of application dated 11-2-2014 for issuance of certified copy of title document in respect of property No.NW-III/R-23 area measuring 1-kanal 14-marlas being part of 1-kanal 16-marlas 9-sq.ft, falling in khasra No.1273, of Mauza Chak Jia…

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