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

Section: 19, 20

Law: Constitution of Pakistan, 1973

Section: 199

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Ss. 19 & 20 and Sched., Part I-Shop-Person a local and not submitting any form for transfer-Such person having no locus standi or right to transfer has no right to agitate matter with regard to transfer by way of appeal or revision. Muhammad Sharif v. Sharifud Din and .3 others 1972 S C M R 63 1 Muhammad Ismail Shah v. Mst. Jafferi Begum 1969 S C M R 34 ; Karam Bakhsh v. Muhammad Ashraf and another 1968 S C M R 740 and Abtda Khatun v. Mian Ghulam Shabbir and another P L D 1964 S C 793 ref. (b) Constitution of Pakistan (1973)  Art. 199-Settlement Authorities issuing notice and initiating pro ceeding at a very late stage against a person when in circumstances no proceeding in fact lay against that person-Issue of notice, in circum stance, abuse of process of law-High Court competent to interfere. Date of hearing : 30th August 1974.                                                                                                                     JUDGMENT The dispute relates to property bearing No. 147/5, Ward No. 6, Bhawana Bazar, Lyallpur. It comprises of a shop on the ground-floor and Chaubara (two rooms) on the first floor. The shop is divided into two halves and the one portion is in possession of respondents 3 to 10, successors-in-interest of Abdul Majid, who has since died. 2. At the time when the Settlement operations started the petitioners filed their CS form for the transfer of the entire property as one unit, whereas one Abdul Ghafoor, who is not party to the present proceedings, submitted his belated CH form for the transfer of one room of the Chaubara, situated over the shop. It is admitted that Abdul Majid, predecessor-in-interest of the contesting respondents, being a local never submitted any form for the transfer of any portion of the property. The Deputy Settlement Commis…