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

Section: II

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)  Sched., Part II-Transfer of evacuee shop-Converted property, transfer of-Predecessor-in-interest of transferee of shop submitting several applications before Settlement authorities and High Court definitely agitating his claim for property on basis of its conver sion-Transfer of shop by auction in favour of another having taken place when still available for transfer as applied for by predecessor-in-interest of transferee, transfer of same as a converted property, held, unexceptionable. Date of hearing: 2nd February, 1980.                                                                                                                                                         ORDER NASIM HASAN SHAH, J.-This petition is directed against the order dated 14th June, 1974 passed by a learned Single Judge of the Lahore High Court dismissing the writ petition (W. P. No. 1033-R/74) filed by the petitioner The dispute in this case is about Shop No. P-189, Chiniot Bazar,Lyallpur, which is a double-storeyed building and was an evacuee pro perty. Before the Partition Maula Bakhsh, the predecessor-in-interest of respondent No. 1, was occupying it as tenant of the evacuee owner.The said Maula Bakhsh has since died (9-8-1962) and is represented by his wife Mst. Salamat Bibi respondent No. 1 herein. The case of the petitioner herein is that Maula Bakhsh being a local had not filed any form for the transfer of the property in dispute as locals were not entitled to the transfer of shops under the law. The property was, therefore, put in the auction list vide order of the Additional Deputy Settlement Commissioner, Lyallpur on 1st December, 1959. It was put to auction on 25th August, 1960 and Muhammad Ismail, the predecessor-in…