Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---Sched. and Constitution of Pakistan (1962), Art. 98 read with Civil Procedure Code (V of 1908), O. XXII, r. 4-Transfer of house by Settlement Authorities in favour of A-A associating B with him by agreement of association-C filing writ petition against A and joining B also as respondent-Pending petition A dying in 1969 and his legal representatives not brought on record in time-B too dying in 1973- High Court dismissing writ petition holding that it had abated in toto- Contention by C that since B was a joint respondent and B had died after promulgation of Law Reforms Ordinance, 1972 the petition could not abate in toto-Held: Right of B was dependent on validity of title of A and since petition had abated against him, A's title to property had become immune from challenge; proceedings against B, who had acquired right in property by lawful means, in circumstance, could not proceed. ORDER ABDUL QADIR SHAIKH, J. -The disputed house bearing No. 448-8-29, situated in Dharampura, Lahore was transferred by the Deputy Settlement Commissioner, Lahore on 7th June 1960 to Khair Din, a claimant displaced person on his C. H. form. On appeal from Mehar Din, petitioner herein, who claimed that he was entitled to transfer of a portion of the house in his possession on the basis of C. H. form filed by him, the Additional Settlement Commissioner, Lahore remanded the case for fresh disposal to the Deputy Settlement Commissioner, Lahore. On remand the Deputy Settlement Commissioner, Lahore after hearing the parties held by the order dated 20th May 1963 that Khair Din had rightly been transferred the house. Appeal of Mehar Din before the Additional Settlement Commissioner, Lahore failed on 22nd April 1964 and his revision application to the Settlement Commissioner, Lahore was also dismissed. It was held, throughout in these proceedings, that Mehar Din had not submitted the requisite C. H. form and he was not therefore entitled to the transfer of the house. In his order, the Settlement Commissioner, Lahore observed as follows:- "I have heard counsel for the parties and carefully gone through the record. The…

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