Law:

Section:

Displaced Persons , (Compensation and Rehabilitation) Act (XXVIII of 1958)--. ----S. 10---Constitution of Pakistan (1973), Art. 199---Transfer of property--­Transferee of property in dispute had agreed at the time of transfer in his favour that he would accommodate non-eligible occupants of property in dispute through agreement of association by surrendering their respective portions to them---Later on transferee of the property refused to honour his commitment---Petitioner being one of non-eligible occupants to whom transferee had agreed to transfer his respective portion filed application against transferee, which was dismissed by the Authority---Another no eligible occupant who was also to be accommodated by transferee filed Constitutional petition against transferee on his refusal to honour his commitment which was accepted by High Court---Case of petitioner being not different from that other aggrieved non-eligible occupant whose Constitutional petition was accepted and whose case was remanded to be decided afresh, High Court set aside order of Authority according to which his application against transferee was dismissed---Case of petitioner was also remanded accordingly. JUDGMENT This judgment shall dispose of Writ Petition No. 149-R/78 and Writ Petition No. 241-R/80 filed against the respondent-Deputy Settlement Commissioner, Faisalabad refusing the transfer of the disputed property. 2. Briefly stated the Deputy Settlement Commissioner vide his order dated 11-7-1964 transferred the disputed property in favour of Lai Din who agreed before the D.S.C. that the present petitioners will be accommodated through agreements of association. The operative part of the said order is here as under: . "The counsel for Manzoorul Hassan and Lai Din has agreed to accommodate the non-eligible occupants by surrendering their respective portions to them through agreements of association, in case Manzoorul Hassan and Lai Din are transferred their portions also. All the occupants have raised their constructions. To avoid their dislocation, the property is transferred as below:-- (1) Ahmad Yar and Muhammad Ramzan, the portion in their possession; (2) Lai Din, his own portion…

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