Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---Sched., Part I-Transfer of house---Compensation book of contesting respondent having been lying with Settlement authority its amount, held; should have been adjusted towards payment of balance price of house in dispute and such having not been done, equity lay in favour of such respondent. ORDER MIAN BURHANUDDIN KHAN, J.-This petition is directed against the judgment and order of the Lahore High Court, Rawalpindi Bench, dated 27-2-1982 whereby the writ petition impugning the legality of the order of the Settlement Commissioner Rawalpindi (respondent No. 4)'transferring House No. P/1307 situate in Mohallah Kartarpura, Rawalpindi by accepting the revision petition against the order of its resumption, was dismissed. 2. Malik Nazir Ahmad, petitioner, a local, was in possession of the ground of the house in question while Suleman Shah, respondent No. 3, a displaced person claimant, was in occupation of the upper portion of the house. On his application, the entire house was transferred to him against the price of Rs. 11,040 by the Deputy Settlement Commissioner, Rawalpindi on 25-4-1961. He associated Muhammad Ali Khan, respondent No. 1 a displaced person claimant, and surrendered his rights in the house in the latter's favour. Respondent No. 1 deposited two compensation books with the Deputy Settlement Commissioner for the adjustment of the price. In one compensation book the compensation was worth Rs. 6,217.13 while in the other, the valuation was Rs. 3,363. The amount of the first compensation book was adjusted against the price of the house in question leaving a balance of Rs. 4,822.87. However, the amount available in the second compensation book was not adjusted by the Settlement Authorities, and it remains intact lying in. the Settlement Office. The Settlement Authorities, then under the impression that the balance had not been paid, cancelled the allotment in favour of respondent No. 1 and included…

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