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

Section: 2,13

Law: Transfer of Property Act, 1882

Section: 53A

Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 2

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)---Ss. 2 &13---Chief Settlement Commissioner Notification No.1697-73/1567-R(L), dated 16-5-1973---All available evacuee land, including the one not yet confirmed to any person against his units or evacuee land, which may become available in future in all revenue estates situated within urban limits of a Municipal Corporation, Municipal Committee, Small Town . Committee, a Sanitary Committee or Cantonment throughout the Province of Punjab was declared as "building sites" for disposal under S.13, Displaced Persons (Land Settlement) Act, 1958---Once the land in question had gone out of the compensation pool earlier in 1958 and in 1973, all the urban land in the Province of Punjab had been declared to be "building sites" and no person having a claim under the evacuee laws, which had not been confirmed could be compensated thereafter by adjustment of his claim in the Province of Punjab. Ali Muhammad v. Chief Settlement Commissioner 2001 SCMR 1822; Bashir Ahmed v. Punjab University Academic Staff Association 1991 SCMR 377; Saifullah v. Board of Revenue, Balochistan 1991 SCMR 1255 and Member, Board of Revenue v. Muhammad Mustafa 1993 SCMR 732 ref. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)-- ----S. 2---"Pending cases"---Cases of those persons whose claims had not been confirmed (temporary claimants) cannot be termed as "pending cases" in the terms of S.2, Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. (c) Transfer of Property Act (IV of 1882)--- ----S. 53-A--Part performance, doctrine of---Applicability---Provision of S.53-A, Transfer of Property Act, 1882 encompasses the equitable doctrine of part performance, which protects a buyer of immovable property in possession from claims put forward by a transferee and any person claiming under him irrespective of the fact that the instrument of transfer had not been registered or that the transfer had not been completed in the manner prescribed by law---Where the party was never put in possession of the entire area in question but only a piece of area was handed over to it, at the most, doctrine of part…

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