Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched. I, para. 1Transfer of houseDeputy Settlement Com­missioner rejecting N. C. H. forms for default of appearance of applicantAdditional Settlement Commissioner finding -Petitioner to have omitted to put in appearance in spite of service of notices yet setting aside Deputy Settlement Commissioner's order on ground of failure to intimate order of rejection of N. C. H. form to -Petitioner ­Order rejecting N. C. H. form if legally correct, held, failure to in­timate same could not affect validity of orderProperty having been auctioned and purchased by -Respondent, purchaser could not be deprived of his property rights in circumstances. ORDER MUHAMMAD YAQOOB ALI, J. The -Petitioners filed N. C. H. forms for transfer of portions of Property No. N. P. 13/94 situated in Bhagnari Street, Juna Market, Karachi, under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The Deputy Settlement Commissioner r rejected the forms on the finding that the house in question was not entered in the register of evacuee properties. On appeal by the -Petitioners the Additional Settlement Commissioner held the property to be evacuee and remanded the case to the Deputy Settlement Commissioner for disposal of the -Petitioners' N. C. H. forms on merits. It appears that in spite of repeated notices the -Petitioners did not put in appearance before the Deputy Settlement Commissioner whereupon the property in question was put to auction and purchased by -Respondent No. 1. The -Petitioners thereupon filed a belated appeal which was allowed by the Additional Settlement Commissioner, but on further revision by the auctionpurchaser the Settlement Commissioner set aside the order of the Additional Settlement Commissioner and upheld the rejection of the -Petitioners' N. C. H. forms by the Deputy Settlement Commissioner. The -Petitioners then filed a writ petition in the High Court calling in question the order of the…

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