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

Section: 10

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958 )-   --S.10 Sched.--Transfer of evacuee shop--Settlement authorities in transferring the disputed shop to respondents could not, in circumstances of the case, be held to have acted illegally or without jurisdiction--Petition for leave to appeal dismissed. ORDER SAAD SAOOD JAN, J.--The dispute between the parties relates to a shop which was purchased by the petitioner in a public auction held by the Settlement authorities. Subsequently, the petitioner entered into an agreement of association with one Jalal Din whereby he surrendered half portion of the shop in favour of the latter. Consequently, a joint P.T.O. was issued in favour of the petitioner and Jalal Din. There is now no controversy about the share given to Jalal Din. 2. Admittedly, at the time when the auction took place the petitioner, apart from being a claimant himself, was also the attorney of respondent No.3. In November, 1963, he made a statement before the Deputy Settlement Commissioner to the effect that he had taken part in the auction as attorney of respondent No.3 and that the bid sheet should be corrected accordingly. On the basis of this statement, an Additional Settlement Commissioner directed the correction of the relevant record. Later, another P.T.O. was issued in favour of respondent No.3 and Jalal Din. This was done without cancellation of the first P.T.O. which had been issued in favour of the petitioner and Jalal Din. 3. There was prolonged litigation between the petitioner and respondent No.3 before the Settlement authorities over the portion in dispute. The petitioner did not disown his statement of November, 1963, but relied upon another agreement of…

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