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

Section: 2(6)

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched., Part I read with Central Government Notification dated 13th October 1959-Transfer o: house-Petitioner failing to prove his undisputed occupation of house on or before. 21-12-1958 and of no other person being entitled to its transfer in pursuance of a final order----House transferred to respondent and P. T. O. also issued several years ago and no allegation made by petitioner of such transfer having not been finalised by issue of P.T.D. Petitioner also not having paid rent and no other dues in respect of house. Notification, held, not applicable to petitioner's case in circumstances. Malik Sarwar Khan v. Chief Settlement Commissioner P L D 1973 S C 210 ref. (b) Displaced Person (Compensation and Rehabilitation) Act (XXVIII of 1958)  S. 2(6), Sched., Part 1 and Central Government Notification dated 13th October 1959-Extension in conception of "possession" as made in Central Government Notification resting on certain conditions and such conditions not being fulfilled by petitioner,- Petitioner, held, not entitled to benefit of extended a definition of "possession" as given in notification'. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched., Part I and Central Government Notification dated 13th October 1959-Petitioner failing to prove his undisputed possession of house since before 21-12-1958, not eligible to apply for transfer- Transfer could also not be made without applicant having first paid arrears of rent mentioned in notification.-[Wahid Khan v. Settlement Commissioner P L D 1971 Kar. 273 overruled]. Date of hearing : 30th October 1974.                                                                                                                  ORDER SALAHUDDIN AHMED, J.-The petitioner has become aggrieved by the dismissal of…