Law:

Section:

(a) Jurisdiction-Special Leave to Appeal to Supreme Court-Objection as to jurisdiction of authority not raised in Court of first instance-Nor any evidence existing on record to show whether such authority properly authorised for purpose-Question of jurisdiction not allowed to be raised before Supreme Court in circumstances. (b) Evidence Act (I of 1872), ,.S. 114, illus. (e)-Presumption ­Rebuttal, onus of-Presumption of regularity always attaches to all official acts-Onus of rebuttal of presumption-Lies on party alleging non-performance of act with regularity-Contention that Settlement authority could not, under Rules revise previous orders without sanction of highest Settlement authority-Nothing on record to show such sanction not being accorded-Presumption, that Settlement authority acted with regularity in passing order Permanent Transfer Rules, 1961, r. 7 read with Central Government Notification No. S. R. O. 192(K)/64, dated 2nd March 1964 and Chief Settlement Commissioner's Memo. No. 1897-PoII64 dated 15th June 1964. A house treated as evacuee property was placed on the auction pool and sold out by the Settlement authorities. The purchaser subsequently transferred it to another in whose favour a P. T. D. was issued by the Settlement authorities. The P. T. D. holder applied for ejectment of the occupant, Postal Department. The Postal Department challenged the transfer before the Settlement Commissioner on the ground that much earlier to such transfer the Central Government had approved sale of the property in favour of the Department. The Settlement Commissioner, in view of the order of the Central Government set aside the transfer order. Writ petition filed against this order was rejected by the High Court. The transferee petitioner filed an appeal before the Supreme Court alleging that the Settlement Commissioner could not in view of Chief Settlement Commissioner's Memo. No. 1897-Pol/64, dated 15th June 1964 revise the transfer orders previously passed without obtaining previous sanction of the Chief Settlement Commissioner and as such his orders were bad in law Held: there is no evidence on the record to show that authority to revise transfer order had…

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