Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---- Sched., Part II-Transfer of evacuee shop-Converted property, transfer of-Predecessor-in-interest of transferee of shop submitting several applications before Settlement authorities and High Court definitely agitating his claim for property on basis of its conver­sion-Transfer of shop by auction in favour of another having taken place when still available for transfer as applied for by predecessor-in-interest of transferee, transfer of same as a converted property, held, unexceptionable. ORDER NASIM HASAN SHAH, J.-This petition is directed against the order dated 14th June, 1974 passed by a learned Single Judge of the Lahore High Court dismissing the writ petition (W. P. No. 1033-R/74) filed by the petitioner The dispute in this case is about Shop No. P-189, Chiniot Bazar,Lyallpur, which is a double-storeyed building and was an evacuee pro­perty. Before the Partition Maula Bakhsh, the predecessor-in-interest of respondent No. 1, was occupying it as tenant of the evacuee owner.The said Maula Bakhsh has since died (9-8-1962) and is represented by his wife Mst. Salamat Bibi respondent No. 1 herein. The case of the petitioner herein is that Maula Bakhsh being a local had not filed any form for the transfer of the property in dispute as locals were not entitled to the transfer of shops under the law. The property was, therefore, put in the auction list vide order of the Additional Deputy Settlement Commissioner, Lyallpur on 1st December, 1959. It was put to auction on 25th August, 1960 and Muhammad Ismail, the predecessor-in­ interest of the present petitioner offered the highest bid of Rs. 81,000 and paid 1/4 price out of his compensation book and was prepared to pay the balance after the issuance of the P. T. O. and demand notice. The auction proceedings were, in due course, approved by the Additional Settlement Commissioner and a P. T. O. was issued in favour of Mohd. Ismail on 29th September 1960. In the meantime, however, Maula Bakhsh filed an appeal before the Additional Settlement Commissioner presum­ably claiming that he had filed a transfer form on 2nd August, 1959 and hence the…

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