Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-­- Sched., Part I-Transfer of evacuee house-Petitioner residing in disputed house with his mother-Petitioner's plea regarding lack of knowledge of transfer of house in his mother's favour rightly rejected as unworthy of credence-Petitioner also not choosing to challenge transfer of house in his mother's favour within prescribed period of limitation-Petitioner's contention that he being a displaced person from Jammu & Kashmir had a superior claim to transfer of house, than that of his mother and KNCH form filed by him having not been considered transfer of house in his mother's favour invalid in law, held, devoid of force in circumstances. ORDER ABDUL KADIR SHAIKH, J.-The facts of this case briefly stated are that by the order dated 11-1-1960, the Deputy Settlement Commissioner, Lahore transferred the house in dispute to petitioners mother, Mst. Maryam Jan, on her N. C. H. form and she later on associated Muhammad lqbal Khan, respondent No. 1 herein, to whom transfer documents were issued. On 30-11-1962 petitioner challenged the transfer in his mothers favour in an appeal to the Additional Settlement Commissioner on the ground that he had also claimed transfer of the house under KNCH form filed on 20-11-1959 which had not been taken into consideration. The memorandum of the appeal being incomplete, was returned to the petitioner and he then refiled it on 17-7-1963. Finally, the Additional Settlement Commissioner dismissed the appeal as hopelessly barred by time, rejecting petitioner's plea that he had no knowledge of the transfer of the house in his…

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