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

Section: 10

Law: Constitution of Pakistan, 1973

Section: 199

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--   --S.10--Constitution of Pakistan (1973), Art. 199--Transfer of evacuee property-- Association between claimants displaced persons--Validity of--Transfer of evacuee property--Respondent entering into an association with transferee to share equally an evacuee property transferred to the latter--Respondent having already utilised his entire compensation available to him, though retained the status of a claimant but lacked the most essential prerequisite and had nothing in his compensation book to meet adjustment of the bid money of the share in the property--Such Association rightly disallowed--Appeal allowed and impugned order accepting Writ Petition of respondent set aside.   (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-   ---S.10--Constitution of Pakistan (1973), Art. 199--Transfer of evacuee property--Association between two claimants--Vested rights of transferee--Interference with--Appellant entering into association with his brother to share payment of transfer price and the evacuee property--Transfer price from his compensation book adjusted, his name shown in the title deed and P.T.O. issued in his name--Appellant having acquired vested right in the property in dispute, any dispute which intervened in the matter and subsequent proceedings in favour of respondent (whose association was earlier rejected) would not deprive appellant of his valid rights--Association not suffering from any legal infirmity, High Court had no jurisdiction in the matter in issue to deny appellant his already accrued vested rights--Appeal allowed and impugned set aside.   JUDGMENT USMAN ALI SHAH, J.--This appeal by leave has arisen frcm the judgment dated 18-6-1979 of the Lahore High Court, whereby Writ Petition No.475-R of 1971 of the respondents Nos. 1 to 4 against the order dated 30-1-1971 and 3-4-1971 of the Additional Settlement Commissioner Multan and Bahawalpur Divisions was accepted by the impugned order. Brief facts of the case are that Shop No.344-45, situate in Pakpattan, District Sahiwal, was purchased through an auction from Settlement…

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