Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----Ss. 29 & 30-P. T. O. being issued, transferee applying for ejectment of occupant-Occupant admitting his occupation only as tenant and merely claiming statutory tenancy under S. 30-Tenant, held, could not, in circumstances, set up a hostile title in himself. (b) Rehabilitation and Settlement Scheme No. VI--- ---- No evidence to show occupant or his predecessor having rebuilt shop at his or their own expense-No evidence either to show anyone of such occupants to have ever applied for transfer to them of shop in dispute under scheme No. VI- Occupants, held, vested with no right to transfer of shop. JUDGMENT MUHAMMAD GUL, J.-This petition for special leave is from the order of a learned Single Judge of the Lahore High Court dated 22-5-1973, in Writ Petition No. 14bl/R of 1965, upholding the transfer of an evacuee shop in favour of respondents 1 and 2 herein. The dispute relates to shop No. 704, Block No. 1, Chauk Bazar, Jhang, which admittedly was evacuee property. Originally the shop was in unauthorised occupation of one Muhammad Husain, a local who transferred its possession to one Ilahi Bakhsh, also local for some consideration. On an inquiry by the Rehabilitation Department, a notice of ejectment was issued to Muhammad Husain on 24-8-1954, requiring him to vacate the shop within seven days. His appeal to the Additional Rehabilitation Com­missioner against his threatened ejectment failed. However, during the pendency of the appeal he succeeded in securing stay order from Additional Rehabilitation Commissioner. While the stay order was in operation, Muhammad Husain inducted one Abdul Ghafur into possession of the shop.. The latter in turn, transferred its possession to Dost Muhammad, predecessor-in-interest of the petitioners herein. All these transactions were unauthorized without any reference to the Rehabilitation Authorities. With the issuance of the ejectment notice dated 24-8-1954, against Muhammad Husain, requiring him to vacate the shop within seven days, the shop was allotted to one Fazal Muhammad which, later was set aside, and the shop was allotted to Muhammad Yasin,…

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