Law:

Section:

(a) Displaced Persona (Compensation end Rehabilitation) Act (XXVIII of 1958)- -- Sched. I-Transfer of house-Reliance on issuance of P. T. D.­ Not of much help to P. T. D. holder; when litigation in respect of house in question still pending. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- --..Sched. I read with Rehabilitation and Settlement Scheme VIII-­Settlement Commissioner's order not challenged and becoming final ­only right petitioner could assert was a right under Scheme VIII­ Question of cancellation of auction of property not being finally decided at such stage, petitioner not eligible for transfer of house under Scheme VIII either. JUDGMENT HAMOODUR RAHMAN, C. J.--The petitioner is a local. She claims to be in possession of an evacuee house No. B-III-38 in Campbellpur as an old tenant and a regular allottee since 1947. She filed an L.H. form on 3rd August, 1959. As she was the only applicant, Appendix and a P.T.D. were, accordingly, issued in her favour by the Deputy Settlement Commis­sioner, Campbellper. But afterwards in ex parse proceedings, a successor Deputy Settlement Commissioner, on 9th March, 1960, purported to reject the said L. H. form and to put the house to auction on 16th December, 1960, without the knowledge of the petitioner. When the petitioner came to know about the auction he challenged the same by an appeal alongwith an application for the condonation of the delay but the Additional Settlement Commissioner rejected her appeal on 10th April, 1964. Her revision petition before the Settlement Commis­sioner also met the same fate on 14th October, 1964. In the meantime, however, the auction. purchaser having failed to deposit the auction price, was served with notices first on 13th June, 1961 and then again on 21st March, 1964. He submitted a reply to the second notice but the Deputy Settlement Commissioner again issued a third notice on 26th December, 1966. The respondent appeared personally in answer to the said notice with an application dated 9-1-1967 and on his under­taking to pay the balance of the auction price in 6 instalments, the Deputy Settlement Commissioner passed an order on the same date,…

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