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Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part I-R found entitled to transfer of house but declining to take it-Property transferred to another with knowledge of R-R subsequently 'after lapse of long period claiming transfer in his favour-Held, R had no further locus standi in matter-Constitution of Pakistan (1962), Art. 98. Kh. M. Tufail, Advocate instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 4th October 1991. JUDGMENT HAMOODUR RAHMAN, C. J.-The dispute in this case relates to an evacuee property being No. P-151 in Street No. 15, Doughlaspura, Lyallpur. On the 29th December 1959, the Deputy Settlement Commis­sioner, Lyallpur, divided the property into four sub-units, viz., three shops and one house. The three shops were transferred to their respective occupants, Ali Muhammad,, Ismail and Abdus Sattar, but so far as the house was concerned although the petitioner was found entitled to its transfer yet the house was placed on the-ear-marking list as the petitioner had, it was said, declined to take it. The order of the Deputy Settlement Commissioner records as follows :- "Abdur Rahim is entitled to the transfer of the house which he does not want to take. Nobody else is willing to take the house. The house be kept for earmarking." Nobody challenged this order either by appeal or revision or review. But in 1960 the respondent No. 1 who was also in occupation of a part of the house applied for the transfer thereof to him. The Deputy Settlement Commissioner on the 2nd February 1960 granted his request on the ground that on the last occasion when the house was put in the ear-marking list, Abdur Rashid was not present but other occupants had refused to take the property. This really implied that the other occupants, which included the present petitioner, were present at the time the previous order was made and had personally declared their unwillingness to take the house. Even this order of the 2nd February 1960, in favour of the respondent Abdur Rashid was not challenged until the 8th October 1962, when the petitioner filed a time-barred appeal with an…

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