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

Section: 1

  Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)  Sched., para.1 transfer of house-Petitioner receiving notice regarding transfer of house in dispute from transferee several years back but not challenging transfer at any time before any settlement authority--No explanation offered for failure to challenge transfer in time-No justification, held, made out for interference of Supreme Court. Date of hearing: 5th October 1973.                                                                                                                                       ORDER ANWARUL HAQ, J.-This petition for special leave to appeal is directed against an order made by a learned Single Judge of the Lahore High Court on the 1st of November 1972, whereby a constitution petition, filed by the petitioner in respect of certain residential evacuee properties, situate on Multan Road, Lahore, was dismissed. The property in dispute consists of two portions bearing separate property Nos. via., S. XV-18-S-8/1 and S. XV-18-S-8/2. The Settlement authorities have throughout treated these properties as two separate and independent units, and nave disposed them of accordingly. Unit No. 1 was transferred to respondent Mohammad Rafique through public auction on 28-12-1961. The petitioner filed a belated appeal before the Settlement Commissioner on 15-6-1968. In these proceedings, the petitioner did not implead Faqir Muhammad, who was the transferee of Unit No. 2, again through public auction held on 16-10-1960. The P. T. O. and P. T. D. were issued in due course in favour of Faqir Mohammad, and in 1966 he served a notice on the petitioner under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act. Subsequently, he started ejectment proceedings against the petitioner and obtained an order of ejectment from the…