Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)

Section:

(a) Settlement Scheme No. VIII Read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part I-Transfer of evacuee house Petitioners although in possession of house yet at no stage of proceed ings in Settlement Department making any offer to pay arrears of rent Petitioners, held, not entitled to transfer of house. Ghulam Muhammad v. Ziaullah Khan 1969 S C M R 315 ref. (b) Settlement scheme No. VIII  Read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Schemed, Part I-Transfer of evacuee house Order passed by Settlement authorities based on statement of peti tioner's son-Statement made by son not denied to have been made by him--Son, held, can be held to have properly represented petitioner even though not formally given a power-of-attorney in such behalf. Date of hearing: 15th December 1979.                                                                                                                            ORDER             G. SAFDAR SHAH, J: The dispute in this case relates to House No. SV-1S-5, situates at Dhobi Mandi, Old Anarkali, Lahore. Long before the Partition of the Indian Sub-continent, deceased Ahmad Ali, who was husband of petitioner No. 1 and the father of petitioner No. 2, was the tenant of the said house. On the migration of the Hindu owner of the house in question, however. Ahmad Ali continued to remain in possession of the house as tenant but in the year 1965, he died. On the promulgation of Settlement Scheme No. VIII, therefore, the two petitioners herein, who were in occupation or the house, applied for the transfer of the same and in that behalf submitted their Form No. IH-1324 to the Deputy Settlement Commissioner on 30-6-1968. On 27-2-1971, the said LH Form was rejected and vide letter dated a-3-1971,…