Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) ------S. 15 read with S. 20 and Settlement Scheme No. I Transfer of evacuee property Revision Jurisdiction Whether minors or not, petitioners aware of transfer of property in name of their late father and themselves making application to Settlement authority for grant of time to pay arrears of price of property allotted Petitioners given time to clear up arrears but no. steps taken by them to comply with such order for six gars .Property having been subsequently validly disposed of by public auction and P. T. D. also issued Settlement authority on revision application of petitioners after lapse of six years appointing a guardian for compliance with his order requiring clearance of arrears Held: Settlement authority's order not in nature of a contract between Settlement Department and petitioners so as to enable them to take shelter behind their minority on relevant date Settlement authority possessed no jurisdiction to re open case after lapse of so many years and acted with material irregularity in exercise of his jurisdiction on such ground alone, leaving alone other points noted by High Court, viz., officer having already dealt with matter in his capacity as Deputy Settlement Commissioner could not sit in over his own orders in. capacity of Settlement Commissioner and that he passed orders against a dead person without notifying her legal representatives. ORDER ANWARUL HAQ, C. J. The dispute in this case concerns an evacuee house bearing No. N/554 situate in Mohallah Waris Khan, Rawalpindi. It was transferred to the predecessor in interest of the petitioners, namely, Muzaffar ud Din, in 1959 by a Deputy Settlement Commissioner, on the basis of his possession as a local, for an evaluation price of Rs. 8,280. He did not make any payment until his death on the 13th of April, 1963. A demand was then issued in 1965 and again on the 17th of June, 1967 but as no payment was made even then, the Deputy Settlement Commissioner, by his order dated the 25th of August, 1967, cancelled the transfer from the name of Muzaffar ud Din, and included the property in the auction list. However, on the 25th…

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