Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched., Part II Transfer of evacuee shop Shop in first instance purchased by respondent and petitioner not entitled to its transfer according to law standing at tine Order of resumption of property from respondent opening door for petitioner held to be illegal for want of proper notice Petitioner not shown to have been in actual possession of shop before target date and no rent paid by him either Courts below, hell, fully justified in upholding transfer in respondent's favour in preference to petitioner. ORDER MUHAMMAD AFZAL CHEEMA, J. Rahdar Khan petitioner herein seeks review of this Court's judgment dated 28 1-1975 by which his petition for special leave to appeal against the order of the Peshawar High Court dated 12 6 1974 was dismissed. The background of this litigation has been briefly traced in the order under review and need not be reiterated, suffice it to say that the dispute relates to the transfer of an evacuee shop of which the petitioner claims to be in possession and respondent No. 4 its owner, for having purchased the same in an open auction. The grounds which weighed with this Court in refusing leave to appeal were that the petitioner waited for seven Sears to submit his belated L.S. Form, that he did not clear the arrears of rent and that even otherwise, he could not establish his possession of the shop before the target date Le. 20-12 1958. It was explained to the learned counsel at the very outset that he should keep in view the limited scope of review is this Court which could be sought on any of the grounds mentioned is Order XLVII, rule 1 of the C. P. C. in civil matters, namely, discovery of fresh evidence, error apparent on the face of the record or any other sufficient cause. While trying to meet the points which disposed the Court to tie dismissal of the petition, learned counsel contended that once the delay in the submission of the L. S. Form was condoned,…

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