Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1938) Sched., Part A Transfer of evacuee house Date of possession of respondent's predecessor much prior to that of petitioner Petitioner no¬where pleading his date of possession being prior to that of respon¬dents Nor such fact borne out of record Respondents, as such, stood better qualified for transfer of house Petitioner for such reason not seriously pursuing matter but filing appeal after seven years from date of order of transfer to respondents Petitioner even if supposed to have filed some ,form of allotment, his conduct in not pursuing same for seven long years enough for High Court to hold that case could not be reopened after such a late stage when in meantime many develop¬ment took place and P. T. D. issued to respondents Appeal even from issue of S. 30 notice belated by nine months High Court, held, per¬fectly justified in holding that after issue of P. T. D. case no longer fit for being reopened particularly when petitioner himself in a way abandoned and not pursued and which aspect of abandonment, laches, or non pursuit, settlement authorities in appeal/revision totally ignored and which constituted a serious defect in exercise of their jurisdiction. ORDER KARAM ELAHEE CHAUHAN J. The dispute in this case relates to house No. Q 43 situated at Chowk Imam Bata, Rawalpindi. It was transferred 10 Haji Sh. Muhammad Abdullah a non claimant displaced parson by the learned Deputy Settlement Commissioner on 21 5 1960. The learned Deputy Settlement Commissioner in his order held that Haji Sh. Muhammad Abdullah was an allottee since year 1947 and was the only applicant for this house. Later Haji Sh. Muhammad Abdullah associated with Sh. Habib Ullah predecessor in interest of respondents 1 to 5 herein. 'The association was approved on 6 2 1964 and P. T. O. of the house was then issued to his Representatives by the learned Deputy Settlement Commissioner on 21 9-1964 as in the meantime Sh. Habib Ullah had died. This was followed by P. T. D. in their favour dated 8 7 1965. It appears that, thereafter the respondents on 27 8.1966 issued a notice to Inayat Ullah petitioner, who was in occupation of…

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