Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 20(3)

(a) West Pakistan General Clauses Act (VI of 1956) S. 27 Notice Presumption of service Communication properly addressed and posted Presumption in relation to service of notice held, arises Shanghai Silk Mills, Karachi v. Muhammad Sharif and 2 others 1980 C L C 1971 and Ulfatunessa v. Messrs Raj Laxmi Investment and Trading Co. Ltd. P L D 1931 Dacca 438 ref. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) R S. 20(3) and Pakistan Administration of Evacuee Property Act (XII of 1957), S. 3 Respondent's status declared as non evacuee and becoming final Transfer of her property to petitioner and issuance of P T D, held, rightly cancelled by Additional Settlement and Rehabilitation Commissioner. Dyal Singh College Trust Property v. Custodian of Evacuee Property P L D 1962 (W. P.) Lah. 352 ; Hussain Bakhsh and others v. Settlement Commissioner and another P L D 1969 Lah. 1039 and Rorhomal and others v. Settlement and Rehabilitation Commissioner, Hyderabad and others P L D 1966 Kar. 372 rel. Syed Murid Hussain Shah v. Mufti Muhammad Yousaf Ali and another 1974 S C M R 8 ; S. Anwar Hussain Sani v. Sarfraz Ahmad P L D 1971 S C 66 ; Fatima Bai v. Ibrahim P L D 1972 Kar. 610 and Aminuddin v. Seftlement Commissioner and another 1973 S C M R 624 distinguished. THIS JUDGMENT DELIVERED BY: B. G. N. KAZI, JUSTICE:---.--- Abdullah son of Hussain Bakhsh resident of Karachi, claiming to be a displaced person within the meaning of section 2(2) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 (Act XXVIII of 1958) hereinafter referred to as the Act) and further claiming to have been a resident of Shabi Bazar, Khairpur filed this petition on 9th October, 1974 seeking to challenge the order dated 25th June, 1974 of the Additional Settlement Commissioner, Khairpur Division at Sukkur, cancelling the transfer documents, including P. T. D. issued in his favour on 25th November, 1973 in respect of shop No. 1, C/8 C. S: No. 97 and Rehabilita tion No. 1253 situated at Shahi Bazar, Khairpur. It was his case that the shop had been allotted to him in the year 1950, P. T. O. was issued in his favour on 23rd November, 1959 and P. T. D. was issued on…

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