Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) ---Sched., Part II Transfer of evacuee shop One A formerly transferee of shop in dispute but transfer cancelled due to A's failure to pay price of shop and shop transferred to first respondent in open public auction Shop inadvertently described by two numbers through a mistake of Settlement Department and first respondent unnecessarily dragged in uncalled for litigation taking undue advantage of mistaken numbering of shop and failing in such litigation failing party setting up his own mother and sisters to protract agony of first respondent by raising plea of not having been impleaded as parties High Court's order holding first respondent as lawful transferee, in circumstances upheld. ORDER G. SAFDAR SHAH, J. The dispute in this case relates to an evacuee shop situated in the city of Peshawar. The main reason for which the parties herein have been litigating with each other over the said shop is because in the record of the Settlement Department it was described by two numbers, namely, CC 45/7/1269 and CC 45/11/1259/736. The judgment of the High Court would show that the shop was transferred to one Anwar Shah under No. CC 45/11/1259/736 but since he failed to pay its price, it was cancelled from his name, and, thereafter, the same transferred to respondent Khawaja Muhammad Daud through a public auction in which he was the highest bidder. In due course, the P. T. D. of the shop in question was issued to him, and, consequently, he served on respondent Irshad Ahmad, who was in occupation of the shop, a notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, intimating therein that he was now the owner, and, therefore, he should pay him the rent. It seems that Irshad Ahmad failed to pay the rent to respondent Khawaja Muhammad Daud, whereupon he filed an application against him in the Court of Rent Controller for his eviction, on the ground of default. In the written statement filed by him, Irshad Ahmad alleged inter alia that he was not in possession of Shop No. CC 45/7/1269; that actually he was in possession of Shop No. CC 45/ 11/1259/736 of which one…

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