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

Section: 10 , 38

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- ----). 10---Settlement Scheme No.I, para. 38---Transfer of property---Property in dipute was purchased in open auction by claimants and auction price was adjusted from his Compensation Book---Later on when purchaser applied for issuance of transfer order in his favour he was directed to deposit transfer amount---Auction price of property in dispute having already been paid by auction-purchaser, direction of Authority to pay additional amount was illegal---Authority was directed to issue Transfer Order in favour of auction purchaser. Khaliq Ahmad-Ansari for Petitioners. Hamid Ali Mirza for Respondents. Date of hearing: 19th April, 1993. JUDGMENT Briefly stated facts of the case are that the disputed property bearing Khasra No. 4332 situate in Rajgarh, Lahore, was purchased by Muhammad Sharif, father of the petitioners, in open auction for Rs.4200 and this amount was adjusted from compensation book of the petitioners on 12-5-1960 and P.T.O. issued on 22-11-1960. Thereafter the petitioners were again directed to pay the auction price, which according to the learned counsel, they have already deposited. However, to end the litigation, the petitioners complied with this order and deposited Rs.4,200 the auction price, in cash. It so happened that when the petitioners filed application for issuance of T.O. the Deputy Settlement Commissioner I again directed the petitioners to deposit another sum of   Rs.4,980 within one month, on the assumption that the property was transferable under the Scheme for the Management and Disposal of Residual…