Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- Sched. para. 1 read with Settlement Scheme No. VIII-Petitioner's L.H. form rejected but no appeal, revision, or writ-petition filed against order-Order having attained finality, petitioner can not be permitted to turn round and agitate against transfer in favour of final transferee-Premises also having been finally transferred prior to introduction of Schein.- No. VIII - Petitioner not entitled to transfer even on such account. JUDGMENT MUHAMMAD GUL, J.-Evacuee properties Nos. D/870, 871 and 872, Forte Gali, Hyderabad consist of three floors. On the ground floor are two shops, one of which was in occupation of Hakim Muhammad Idrees, a claimant displaced person (respondent No. 3 herein). The first and the second floors are residential units respectively in occupation of Mst. Jamila Sultana (petitioner herein) and her sister Mst. Atia Begum, both of whom are locals. It appears that at one stage, Government Vocational School for women was housed in the first floor and the petitioner as Supervisor of the school also resided in the premises. Her sister Mst. Atia Begum who was Headmistress in the same school, resided in the second floor. Since then, the school has been shifted elsewhere, but the two sisters continued in occupation of the two floors. 2. On commencement of the settlement operations, the respondent No. 3 applied for the transfer not only of the shop in his possession on the ground floor, but also of the residential units on the first and the second floors treating the entire property as single unit. The petitioner also filed LH form for the transfer of the first and second floors. The Assistant Settlement Commissioner treated the shop and the two floors as one unit and transferred the same to respondent No. 3. Later, however, he reviewed his earlier order and transferred, first and second floors to one Muhammad Hanif against his CH form notwithstanding its earlier transfer to respondent No. 3. Respondent No. 3, on his part applied to the Assistant Commissioner against the review by him of his earlier over in favour of respondent No. 3. The Assistant Settlement Commissioner…

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