Law:

Section:

Settlement Scheme No. 1--- Para. 35-Ejectment for default in payment-Petitioner failing to pay up arrears of price of house transferred to him and his P. T. O. cancelled-Cancellation of P. T. O.-Amounted to order of resumption-Property put to auction second time but fetching less than amount already paid up by petitioner-Contention that pro­perty in circumstances should not have been taken away from him-Held: Not without force-Settlement Commissioner should have taken such factor into consideration before confirming auction in favour of second auction-purchaser-Auction having been confirmed and P. T. D. also issued in favour of second auction-purchaser, Supreme Court, however, expressed its unwillingness to upset such transfer at instance of a party who forfeited his right by his own default but directed amount paid by first auction purchaser (petitioner) to be refunded. ORDER NASIM HASAN SHAH, J.-The petitioner purchased a house in auction in Bahawalpur on 5th May, 1971 for a sum of Rs. 7,200. A P. T. O. was issued to him on 12th May, 1961. He paid a sum of Rs. 5,100 and the balance remained unpaid. Despite several notices he did not clear the balance. Ultimately, the Deputy Settlement Commissioner cancelled the petitioner's P.T.O. on 31st January, 1970 and informed the petitioner that in case he paid the balance of the transfer price and other dues within the prescribed period the property shall be restored to him. No heed was even paid to this order. Consequently, the property in question was re-auctioned on 23rd .May, 1970 and was purchased by respondent No. 4. The auction was confirmed on 29th May, 1970 and a P. T. O. was issued in the name of Respondent No. 4 on 4th June, 1970 after making payment of the transfer price and other dues. The petitioner challenged the auction in favour of respondent No. 4 by filing an appeal which was dismissed. He then filed a revision petition but remained unsuccessful. He then moved the High Court by filing a writ petition (W. P. No. 35-R/72/BWP) which was also dismissed on the ground that the petitioner had been served three notices but he never cared to make the payment. According to the instructions appear­ing at page…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492