Law:

Section:

(a) Settlement Scheme No. VIII ----General Clauses Act (X of 1897), S. 27 Notice of resumption of property served on son of transferee and duly brought to his knowledge Held, such service of notice cannot be said to be defective. (b) Settlement Scheme No. VIII Resumption of property Transferee of property in dispute in fact in default of payment of outstanding balance of transfer price and failing to take steps, to make up default in spite of notice to that effect Held, resumption was proper in circumstances of case and that transferee had no locus standi to challenge re transfer of such property in favour of another applicant notwithstanding fact that he had filed application before property became technically available on resumption. [Locus standi]. Shaukat Ali, Advocate with Rana Maqbool Ahmad, Advocate on Record for Petitioner. Nemo for Respondents Date of hearing: 10th February, 1980. ORDER SHAFI UR REHMAN, J The petitioner seeks leave to appeal against a judgment of the Lahore High Court dated 24 7 1974, whereby the Constitutional petition challenging the resumption of the property from the petitioner for non payment of its price was dismissed. 2. The petitioner had obtained on transfer a shop in Ghallah Mandi, Jhelum. This shop is not in dispute. A shop adjacent to it was put to open auction on 4 3 1960 and the petitioner emerged as the successful bidder for it for Rs. 20,000. He tendered his compensation book for adjustment. It had available a verified deferred amount of Rs. 11,512 and an additional amount of Rs. 1,829 in Schedule VI. Thereafter, admittedly he took no action till a registered notice under Settlement Scheme No. VIII threatening the resumption of the property was sent to him demanding a sum of Rs. 8,388 as the balance due. He forthwith filed an application disputing this amount but the property was resumed. The respondent Abdur Rashid who was occupying this shop had applied for the transfer of it even before its resumption from the petitioner and as it was found that his application had already been received the petitioner was not given the benefit of para. 3(a) of Settlement Scheme No VIII and its transfer to respondent No. 1 was upheld.…

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