Law:

Section:

. Displaced Persons (Comp. Rehab). Act, 1958 (XXVIII of 1958)- —Para-13 (Schedule)-Vacant evacuee plot-Person in unauthorised occupation of-Transfer of plot to-Challenge to-It is manifestly clear that premises in dispute is situated in a different khasra number and there is no evidence that petitioners used it as courtyard—Held: Transfer order in favour of petitioners,if any, was without legal sanction and was nullity in eyes of law as against rights of Maula Bakhsh. respondent-Held further: Petitioners have no locus standi to challenge transfer of disputed premises in favour of Maula Bakhsh—Petition dismissed.  [Pp.l48,150151]A,BC 1968 SCMR 221 rel. JUDGMENT The urban property measuring 3 1/2 marlas in Khasra No.5052 situated in Mohallah Sheikhan, Kamalia, District Lyallpur (now Faisalabad) is the bone of contention between Nizam Din, Qamar Din sons of Sultan Muhammad (herein petitioners) and Maula Bakhsh (herein respondent No.2). During the pendency of this petition both petitioner No.l and respondent No.2 had died and had been substituted by their legal heirs. 2. This case has a chequered history. Nizam Din and Qamar Din submitted B.S. form No.1120 under Scheme No.VI alleging therein that they were in unauthorised possession of property measuring 3 1/2 marlas in Khasra No.5052 and 8 marlas in Khasra No.5049/2 situate in Mohallah Sheikhan, Kamalia (District Faisalabad) and they have raised permanent construction over it. The Deputy Settlement Commissioner by order dated 14.4.1961 made the order of transfer of the aforenoted property in their favour. The P.T.O. was issued In their favour on 29.7.1961. The petitioners deposited the full price and in lieu thereof obtained the P.T.D. 3. The Inspector, Settlement Department made a report to the effect that the property in dispute measuring 3 1/2 marlas in khasra No.5052 was in unauthorised occupation of Maula Bakhsh who had raised permanent construction over it and so he be transferred this property under para 13 of Schedule to the Displaced Persons (Comp. Rehab.) Act, 1958, Act XXVIII of 1958 (hereinafter referred to as an Act). On the basis of this report, on 18.9.1964 the Deputy Settlement Commissioner…

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