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Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----Ss. 10 & 11--Transfer of urban evacuee property impugned after issuance of Permanent Transfer Deed--Competency of proceedings-­Appellant's prayer for being impleaded as party rejected by High Court--Order upheld by Supreme Court--Appellant's second claim founded on his right to intervene in proceedings on basis of an order which was clearly insupportable, not sustained--Permanent Transfer Deed having been issued to respondent before appellant submitted his form for transfer, suit property could not be regarded as available for transfer to him--Transfer of property in favour of respondent upheld-­Appeal dismissed. Khawaja Masood v. Ameer Bakhsh 1976 S C M R 8; Hussain Jan v. Abdur Rahman 1976 S C M R 119; Munir Ahmad v. Noor Muhammad 1982 S C M R 1038 and Ghulam Rasool v. Settlement and Rehabilitation Commissioner 1980 S C M R 921 ref. JUDGMENT SAAD SAOOD JAN, J.--The dispute in this appeal by special leave relates to a part of a composite property known as Hari Chand Building, situate in Massey Street, Rawalpindi Cantt. It consists of four shops and four flats together with some godowns. The flats have been constructed over the shops. When the settlement operations started Fazal Muhammad Malik, respondent No.1 a claimant, applied for the transfer of one of the shops which was in his possession and the overlying flat. An Assistant Settlement Commissioner visited the site and prepared a report on 3-11-1959. In his report he inter alia stated:- "All the four shops are identical as regards their construction and accommodation and so are the flats. The four shops have independent access. However, two flats each have common stairs. The building can therefore, only be divided into two and not four portions. Although Messrs F.M. Malik & Co. have applied for only one shop and one upper flat, it is not possible to transfer only these two to them. They will have to take- another shop and another flat alongwith them i.e., two shops and two flats as they cannot be separated from each other." By an order, dated 9-11-1959, the Deputy Settlement Commissioner accepted the report and transferred…

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