Law:

Section:

(a) Settlement scheme No. I- --- Par&. 4(G)-Transfer to locals---No material supporting contention of house being valued at Rs. 10,00) or less-Transfer documents having price evaluated at Rs. 12,t-OC--Mere submission contained in petition regarding valuation of house being Rs. 10,000 or less­ No evidence--Petitioner, a local, held, not entitled to transfer of house under Scheme No. 1. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ---- S. 20 read with Limitation Act (1X of 1908), S. 5-Limitation-Condonation of delay--House disposed of under ear-marking Scheme and transferee apprising tenant of such transfer by statutory notice under S. 30, Displaced Persons (Compensation and Rehabilitation) Act, 1958-Service of such notice followed by prolonged proceedings for ejectment of tenant culminating in order of Supreme Court and written undertaking of tenant to vacate premises within 3 months-No mention ever made by tenant of pendency of his L. H. form during all these years­ Tenant's later application before Settlement authority for transfer of house to him on basis of his L. H. form-A dishonest move­ Settlement authority's order in revision condoning delay in filing application-Arbitrary and capricious- Quad-judicial authorities also required to exercise discretion in judicial and rational manner, living reasons for their decision-No explanation for condoning 'clay forthcoming on record---High court's order setting aside Settlement authority's order, held, eminently just and proper. ORDER ANWARUL HAQ, J.-The dispute in this case concerns house No. 156, situate in Model Town, A-Block, Lyallpur- It was occupied by Sh. Abdur Rauf, the predecessor-in-interest of the two petitioners before us. It was transferred under the car-marking Scheme to respondents Abdul Aziz and Muhammad Sharif on 13-12-59. In due course, transfer document were issued in their favour. It is admitted that hereafter the respondents served upon Sh. Abdur Rauf a notice under section 30 of the Displaced Persons (Compensation and Rehabilitation; Act. 1973, limitation the fact of transfer of the house in their favour and calling upon him to pay rent, In 1963, they…

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