Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1955)-Sched. and Settlement Scheme No. VIII-,Resumption of property-­Original transferee not informed, by Settlement Authorities' by issue of Appendix X, of transfer price and monthly instalments payable by him and, despite having been informed of death of original transferee failing to issue any demand notice to his legal representatives for payment of transfer price-Order of High Court holding resumption of such property as invalid and bad in law-Held, in full accord with equity and justice and not suffering from any error of law. ORDER ABDUL KADIR SHAIKH, J.--Dispute between the parties relates to transfer 'of portion 'A' of residential property No. S. 78 R. 13, Birdwood Road, Lahore, which was originally transferred to S. M. Bashir a claimant displaced person under P. R. O. dated 22-6-1961. The transferee died on 18-4-1964 and till then be had not paid the balance of transfer price. Due to this default, the property was resumed by the Deputy Settlement Commissioner by the order dated 15-11-1967. On noticing from the auction list dated 30-9-1968 that the property was to be auctioned on 11-10-1968, Bashir Ahmad, a son of S. M. Bashir paid Rs. 40,000 and got the property deleted from the auction list. Bashir Ahmad, however, died on 21-1-1971 and no further payment was made towards the transfer price. Afterwards, Mst. Afsar Jehan Begum wife of Nasir Hussain, another son of S. M. Bashir, obtained transfer of the property under Scheme No. VIII on 19-6-1974. S. M. Bashir, the original transferee, left behind two sons, Bashir Ahmad and Nisar Hussain, and two daughters Zakia Khatoon and Masooma as his legal representatives, and deceased Bashir Ahmad left surviving a widow, one minor son and five daughters, out of whom three are minors. The legal representatives of Bashir Ahmad challenged the transfer of the property in favour of Mst. Afsar Jehan Begum in Lahore High Court in Writ Petition No. 1307-R of 1977 which was allowed on 12-1-1980. Mst. Afsar Jehan Begum, her associates in property and 'transferees from the associates now seek leave to appeal from the order of the High Court. The High Court…

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