Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----Sched.-Shop, auction of-Successful bidder, before auction is confirmed, has no locus standi to challenge cancellation of auction. A mere right to bid does not give a right to a person to oppose the transfer of the property to another person under the relevant law. A mere bid at an auction if the bid is subject to confirmation, does not create any contractual right until the bid is confirmed. It is in the discretion of the auctioneer to confirm or not to confirm it: A person who was a successful bidder at the auction cannot claim to be a person aggrieved by the order of cancellation of the auction. Abdul Hamid Khan v. The Settlement and Rehabilitation Commissioner, Lahore Civil Review Petition No. 22 of 1966 and Muhammad Sharif v. Sharifuddin 1972 S C M R 63 ref. JUDGMENT HAMOODUR RAHMAN, C. J.-The dispute in this case relates to house No. 378 of Ward No. 8-H, Multan. This is a composite building. The residential portion of it was allotted to one Khalil- ur-Rehman the predecessor-in-interest of respondents Nos. 2 and 3. The ground floor of the premises consisting of shops was in the possession of Zahoor Ahmad barber and Hakim Abdul Majid at the time when the settlement operations started. Khalil-ur-Rehman, the predecessor-in-interest of respondents 2 and 3, submitted a N. C. H. form on the 8th of August 1959 claiming the residential portion in his possession the rent of which was Rs.9 a month. The occupants of the shops, it appears, did not apply for their transfer. On the 10th of December 1959 the Deputy Settlement Com­missioner transferred the residential portion of the chaubara to Kbalil-ur-­Rehman for Rs. 4,968, and ordered the shops to be put to auction, but this order was made only on the 1st of July 1970. The shops were accordingly included in the auction list, but respondent No. 2 on the 14th of July 1971 submitted an application praying that the shops be deleted from the auction list as it had already been transferred to her father Khalil-ur-Rehman and he had paid the entire transfer price. It appears that she had also filed an appeal against the order placing the shops in the…

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