Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- -- Sched. 1 read with Settlement Scheme No. VIII (as amended)-Initially demanded evaluation price fully paid by transferee; entitling transferees to have P. T. D, issued in their favour- Creation of fresh demand by Department, asking transferees to pay amount over again, such demand being made after 11 years and without any notice to transferees-Without lawful authority-­Action taken subsequent to such unlawful act, including agreement of association forcefully entered into try some transferees -Liable to be set aside-One of transferees offering to pay full approved price in terms of amended Settlement Scheme VIII but Deputy Settlement Commissioner keeping application pending and approving agreement of association. ORDER ANWARUL HAQ, J.--This petition seeks leave to appeal against an order made by the Lahore High Court on 27th February, 1975, whereby a constitution petition instituted by respondents 1 and 2 in transfer of an evacuee house situate on the D. A. V. College Road. Rawal­pindi, was accepted, and the Settlement authorities were directed to hold further inquiries on the lines indicated in the order. The relevant facts are that the house in dispute was transferred to three brothers and two sisters by an order made on the 25th January 1962 on the evaluation price of Rs. 3,840. This price was paid by the transferees, but the Permanent Transfer Deed was not issued in their favour for several years. On the 30th April, 1973 a notice was received by the transferees from the Settlement Department requiring them to pay a sum of Rs. 3,840 as transfer prior, of the house. The notice did not make any reference at all to the previous payment made by the transferees in 1962, nor did it give any reasons for the fresh demand, It appears that the, transferees were not able to meet this fresh demand oral of their own resources, and accordingly all of them, except Mst. Bashiri (Respondent No. 2), widow of on to the brothers named Muhammad Ishtiaq, entered an association deed with the present petitioner Zarif-ul-Hassan Zubairi on the 30th July 1973. The petitioner Rs. 2,880 to the Settlement…

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