Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 3---Settlement Scheme No.1---Transfer of Property Act (IV of 1882), S.41---Transfer of evacuee property---Application for issuance of certified copy of Permanent Transfer Deed---Applicant had claimed that, property in question was originally, transferred in favour of a female under Settlement Scheme No.1 being claimant displaced person, who sold it to another person, and finally it was purchased by applicant vide registered sale deed---Applicant wanted verification of title documents of the property---Settlement Department had reported that file of property in question was not available in the office---Name of evacuee owner of property (non-muslim) which existed in the revenue record, did not match with the name entered on the PTD---Office had reported that there was overwriting on the entries, which had made the document doubtful---Compensation Books, from which transfer price of the property was adjusted, neither were available with applicant nor in the official record---Challan regarding payment of price, was not verified by the Treasury Office---Applicant was given ample opportunity to provide requisite record in support of his version, but he could not produce the same---Contention of applicant that after issuance of PTD, the Settlement Department had become "functus officio", had no weight, because, if the transfer of property was obtained by practising fraud, order of transfer being void would remain open to scrutiny by forums concerned---Contention of the applicant that he was bona fide purchaser on the basis of registered deed was repelled, because credentials of the original transferee of the property in question, were not verified, which made the title defective---Applicant, who had come into the shoes of his vendor, could not be better off, and would sink and survive with him---Defective title could not become perfect with its transfer---Applicant was not entitled for issuance of certified copy of PTD in question and his application was dismissed, in circum-stances---Suit property was in possession of Central Government and stood in its name---Secretary (Settlement and…

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