Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- ---Sched. Part I--Transfer of evacuee house--Petitioner accepting respondent as his landlord in plaint filed by him before civil Judge and only praying "that his possession may not be disturbed except in due course of law"---Petitioner, held, clearly waived his rights, if -any, possessed by him for transfer of premises and acquiesced in transfer and accepted transferee respondent as his landlord and could not thereafter re-agitate question of transfer-Facts also establishing petitioners knowledge of transfer to respondent and delay of 12 years, held, not rightly condoned in circumstances. JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order of a learned Single Judge of the Lahore High Court dismissing a writ petition filed for challenging the validity of the order of the Settlement and Rehabilitation Commissioner, Sargodha, passed on the 9th of December 1972, in relation to a house situated in Block No. 5, Sargodha, and bearing No. 4-S-100. The petitioner claims that he was in possession of the ground floor of the said premises under an allotment order issued on the 6th of July 1957. The first floor was in occupation of two other persons. When settlement operations started, the petitioner, who is a non-claimant displaced person, filed a NCH form on 16-11-59. The respondent No. 3, who also claimed to be in occupation of a portion of the said pro­perty, submitted a C H form. The Deputy Settlement Commissioner, by his order of the 24th of December 1959, transferred the entire premises to, the respondent No. 3 Abdul Rahim on the ground that he was the only claimant and the others were all non-claimants who had not filed any forms. This order also recites that when the Deputy Settlement Commissioner himself went to inspect the premises, the occupants of the ground floor "made good their escape a moment before". The petitioner did not challenge this order until towards the end of 1971 when he filed an appeal against the said order. This appeal was allowed, even though it was a time-barred appeal, and the order of the Deputy Settlement Commissioner dated…

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