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

Section: IV

(On appeal from the judgment and order of the Lahore High Court, dated the 2nd June 1971, in L. P. A. No. 64 of 1971). Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part IV-Industrial concern, auction of-Condition of auction being: "claimants may be given benefit of deferred payment" in compensation book-Adjustment of purchase price, in circumstance, held, could not be claimed on basis of total amount of verified claim. Date of hearing : 14th March 1972. ORDER WAHEEDUDDIN AHMAD, J.--On the 28th September 1957, Sardar Carbonic Gas Factory, Rawalpindi, was sold through an auction and it was purchased by petitioner No. 1, along with other persons for Rs. 13,03,000. The price was subsequently reduced to Rs. 9,28,172. After adjustment of the payment through compensation books, the balance outstanding against them is Rs. 6,80,818. Arshad Ali, who also filed a compensation book applied that his compensation book should be returned to him. The learned Additional Settlement Commissioner, by Memorandum dated the 14th June 1966, informed the parties that he could be allowed to withdraw his compensation book if an amount equal to that available in his compensation book was first paid. This order was challenged in Writ Petition No. 954-R of 1966, on the ground that under the Displaced Persons (Com pensation and Rehabilitation) Act, the payment could be made by associating claimants and, therefore, the impugned order directing payment by means of cash was illegal. A learned Single Judge of the former High Court of West Pakistan, Lahore, held that payment through association was permissible under law till the 30th of June 1966. He passed a consent order providing the manner in which the balance of the amount was to be paid by the petitioners. The petitioners challenged this order in L. P. A. No. 64 of 1971, which was dismissed on the 2nd June 1971. The petitioners seek permission to file an appeal against the said order. Mr. Munir Ahmad, learned counsel for the petitioners, has contended that the petitioners are entitled to make payment on the basis of the total amount of their verified claims is their com pensation books. In this…