Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- -- Sched., para. 13-Building site, transfer of-Petitioner's con­tention that he put up pucca construction on site prior to date when same was reserved for respondents not proved-Petitioner also not an allottee of site in dispute-Petitioner having no legally vested interest in site, held, had no tacos standi to challenge transfer is respondent's favour even on assumption of such transfer being not legal. Altaf Hussain v. Chief Settlement Commissioner P L D 1965 S C 68 and Allah Bakhsh v. Nizam Din 1975 SCMR 182 held, not relevant. ORDER SALAHUDDIN AHMED, J.--The dispute between the parties is over a building site. The petitioner claims that he has been in possession of the site since the year 1947, and that on the 21st of September, 1960, he applied for its transfer under para. 13 of the Schedule to the Displaced Persons (Compensation and Rehabilitation) Act, 1958. His application having been lost, he was advised to apply again, and this he did on the 27th of January, 1968. In his application dated the- 27th of January, 196:, however, the petitioner made no mention of his alleged earlier application dated the 21st of September, 1960. There is no dispute, however, that respondent No. 1 applied for reservation of the site on the 30th of March 196 1, and it was ultimately reserved for him on the 30th of May 1962, and a Provisional Transfer Order was issued to him on the 20th of February 1965. The respondent duly paid the price of the site. It appears that in May 1966, the respondent filed a suit for permanent injunction against the petitioner. In his written statement filed on October 1966 the petitioner stated that he had raised some construc­tion over the site about four years ago. In other words in May 1902 when the site was reserved for the respondent there was no such construc­tion on it. On the 3rd of July 1968, the Deputy Settlement Commissioner rejected the said application of the petitioner dated the 27th of January 1968, on the ground that the site was not available for transfer as it had already been transferred to the respondent. Thereafter the petitioner led an appeal from the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492