Law:

Section:

Keywords: Registered Post, Dispute, Constitutional Petition, Cancellation, Registered, Defaulter, Constitutional Jurisdiction, Auction, Rehabilitation, Examination, Functus Officio, Evidence, Auction Sale, Exception, Jurisdiction, Legal Infirmity, Service Of Notice, Petition, Possession, Set Aside, Revocation, Property, Costs, Order, Notices, Petitioner, Failure, Presumption, Receipt, Contentions, Settlement Authorities, Withdrawal, Impugned Order, Issuance, Notice, Payment, Evacuee Property Result: Petition dismissed JUDGMENT This constitutional petition is directed against an order passed in revision by the learned Settlement and Rehabilitation Commissioner on 2nd October 1972, where by he allowed the revision application preferred by respondent No. 4 herein against the order of the learned Additional Settlement Commissioner who had refused to revoke the order of cancellation of the transfer documents in favour of respondent No. 4 on the ground that since the cancellation P.T.D. In respect of the property in dispute had been issued in favour of the petitioner. 2. The dispute in this case relates to a shop bearing C.S. No. B-6s. Situated in Sanghar town. This was an evacuee property which way auctioned in October 1964, in favour of respondent No. 4, who gave the highest bid of Rs. 12,100. It would appear that the said responders deposited his own claim book of the value of Rs. 3,225 and for the balance he deposited the claim books of other persons which admittedly remained throughout with the Settlement Authorities. He, however, does not file any agreement of association and accordingly, after notices were sent to him by post, regarding payment of the balance of the amount, the auction sale to his favour was cancelled on 4th June 1965, by the Deputy Settlement Commissioner and the said property was transferred to the petitioner on his N.S.C. Form under Scheme No. VIII on 20th October, 1966. The petitioner thereupon paid the entire transfer price for the property in question and P.T.D. Was issued in his favour on 8th July, 1967. After the issuance of the P.T.D., respondent No. 4 approached the Deputy Settlement Commissioner for withdrawal of the order or…

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