Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- -- Sched., Part I -Transfer of house--Petitioners failing to establish inclusion of disputed chaubara in shop purchased by them -Respon­dent's entitlement to transfer of chaubara established-Substantial justice having been done, fact of separate order not being passed for transfer of chaubara in consequential _ Inordinate delay in challeng­ing order of Settlement Authority and order attaining finality-­Petition for leave to appeal dismissed. ORDER MUHAMMAD HALEEM, J-This is a petition for special leave to appeal from the judgment dated 13th of March 1975, of the learned Single Judge of the Lahore High Court by which it was dismissed. The dispute relates to property bearing No. 34, which is comprised of a shop and a chaubara and is situate in the Grain Market in the City of Sargodha. The chaubara is on the top of the shop. The shop was auctioned on 21st of May 1960, and it was purchased by the first petitioner who gave the highest bid of Rs. 71,000. Sine the first petitioner was unable to pay the entire price, he associated with himself the other petitioners and after payment of the price, a P. T. D. was issued in their favour on 4th of September 1962. Both the shop and the chaubara was in the occupation of Muhammad Zafar Ullah, a local, against whom the petitioners instituted ejectment proceedings before the learned Rent Controller, Sargodha. It is the case of the petitioners that Muhammad Zafar Ullah allowed Mst. Razia Begum, the predecessor-in-interest of respondents 3 to 5, to occupy the shop and the chaubara during the pendency of the proceedings and while Muhammad Zafar Ullah was ejected from the shop, entire chubara continued to remain in the occupation of Mst. Razia Begum. After the demise of Mst Razia Begum, respondents 3 to 5 filed a Miscellaneous Application in 1937 before the Deputy Settlement Commissioner, Sargodha, seeking for the issue of transfer documents in respect of the chaubara. The Deputy Settlement Commissioner by leis order dated 30th of August 1967, held that the chaubara was not transferred to Mst. Razia Begum and there­ fore, refused to issue the transfer…

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