Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S. 10(b) read with Chief Settlement Commissioner's Press Notes dated 7th April 1960, and 29th September 1960Allotment to in­formerPress Notes of Chief Settlement Commissioner dated 741960 and 2991960Former not legally tenable and latter applicable merely to "hidden evacuee property" and not to property treated by both parties as evacuee property-Petitioner's grievance being confined to opposite party being a local and putting N. C. H. form fraudulently, -Petitioner, held, not entitled to transfer on basis of Press Notes. ORDER SALAHUDDIN AHMED, J. These two petitions concern the same subject-matter, namely, house No. 43B, Model Town, Lahore, and they have been heard together and are now being disposed of under one order. Civil Petition No. 109 of 1974 is from the order of a learned Single Judge of the Lahore High Court allowing the writ petition filed by -Respondent No. 1 Mss. Zakia Sultana and declaring the order of transfer dated the 9th of February 1961, made by the Deputy Settlement Commissioner in favour of -Petitioner Muhammad Hanif to be without lawful authority and of no legal effect. The N. C. H. Form filed by -Respondent No. 1 was directed to be decided by the Settlement authorities in acc6rdance with law. The case of the -Respondent was that she had been living in the house with her husband Ahmad Khan, an allottee of the house, since 1947. Upon the commencement of Settlement operations, Ahmad Khan had filed N. C. H. Form and the house was transferred to him on the 19th of December 1959. On the 27th of December 1960, upon some information supplied by the -Petitioner, the Settlement Commissioner held that Ahmad Khan was not a displaced person and, accordingly, cancelled the said transfer. Ultimately, upon the direction of the Settlement Commissioner the Deputy Settlement Commissioner transferred the house in favour of the -Petitioner on the 9th of February 1961. In the meantime, Ahmad Khan challenged the order of the Settlement Commissioner dated the 27th of December 1960, in Writ Petition No. 1429/11 of 1961 before the High Court but it was dismissed on the 21st of April 1964.…

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