Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-   --Sched., read with Press Note No. F-3(3)/60-SI, dated 6-9-60 Pre-conditions for making application for transfer in pursuance of Notification.   The pre-conditions for making an application in pursuance of Notification No. F-3(3)/60-SI, dated 6-9-60 were : (a) The applicant must be in possession of a house; (b) It should be in pursuance of an order passed by a competent authority; (c) The order must have been passed after the 20th day of December 1958, but not later than the 6th November 1960; (d) He must be in undisputed occupation of the house; and (e) No other person is otherwise entitled to the transfer of such house in pursuance of a final order passed by competent authority. The case of the petitioner was not covered by this Notification, inter alia, for the reason that she was not in occupation of the house at any time between June 1959 and March 1961 and in any case not when the Press Note was issued. Even if she was in possession, it was not in pursuance of the order of a competent authority because as has been already seen above, the order of the competent authority whereby she was put into possession was to continue only if she did not put anybody else in occupation of the property or a part of it. It has been found that she had contravened this condition of the allotment order and, therefore, her possession ceased to be in pursuance of it because the same had come to an end by virtue of its own terms and her aforesaid act.   (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-   -- S. 3-Acquisition under S. 3 has to be by means of notification Property at first specifically excluded by Government from acquisition subsequently released by Government-Cannot automatically form part of compensation pool unless notification under S. 3 issued- [Mumtaz Sultana v. Settlement and Rehabilitation Commissioner P L D 1964 Lah. 388 dissented from].   Section 3(3) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 clearly stipulates that On the publication of a notification . . . . . the right, title and interest of…