Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958, Sched., Part I-Transfer of' house-Mere prospective right of a person to bid at an auction-Does not entitle any person to inter vene in any proceeding with regard to transfer 4f property not included in portion ordered to be auctioned- Constitution of Pakistan (1962), Art. 98. It is well-settled that a mere right to bid at an auction does not give a right to a person to intervene in any proceeding with regard to the transfer of any other property or another portion of the property not included in the portion ordered to be auctioned, particularly, where he has himself never claimed the transfer thereof at any earlier stage nor challenged the order of transfer itself nor was a party to the proceedings in which the order sought to be appealed against was made. Date of hearing : 11th January 1972.                                                                                                                                                     JUDGMENT HAMOUDUR RAHMAN, C. J.-This appeal, by special leave, arises out of a decision of the former High Court of West Pakistan, Lahore Seat, in a petition under Article 98 of the Constitution of 1962. The dispute in this case related to a composite property consisting of a residential portion and shops bearing No. 4/4, Mian Channu. The residential portion was in the occupation of one Wali Muhammad, a claimant. A shop (No. 4/4-A) was in the occupation of the respondents 1 and 2 who arc brothers and claimants displaced persons. The latter were also in posses sion of another residential premises bearing No. 2/41 Mian Channu for which both of them had submitted `CH' Forms. The other shop (No. 4/4-B) was in the occupation of the appellant who is a local. When settlement operations…