Transfer of House

Transfer of house in dispute in favour of respondents (to whom it had been allotted in 1948), held, could not be assailed and no interference in impugned order passed by High Court was called for

Leave to appeal refused.

High Court finding that house in dispute stood transferred to respondents and it was by mistake that in transfer documents issued to their predecessor number of house was wrongly shown

Petitioner admitting before High Court execution of rent deed, letters acknowledging tenancy and payment of rent of house by petitioner

Finding of High Court, held, was unexceptionable-Leave to appeal refused.

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10 & Sched. and Settlement Scheme No.VIII-Transfer of house

Neither demand notice nor order of cancellation/ resumption as required under law served on respondent

Order of High Court holding resumption of property and transfer of same to petitioner to be without lawful authority found to be unexceptionable

Leave to appeal refused.

Held, could not be questioned before High Court in writ jurisdiction.

Art. 185(3) read with Settlement Scheme No. VIII-Transfer of house - Appeal to Supreme Court - Petitioner never challenging order of transfer initially made in favour of respondent nor agitating order of remand passed by High Court-Conclusion of Settlement Authorities that no form filed by petitioner was available on file and that property standing transferred to respondent same was not available for retransfer upheld by High Court-View taken b High Court Held, not open to exception.

S. 10 read with S. 2(4) & Sched.-Transfer of house-Division of property on basis of possession-Held not sacrosanct-Possession to be dissociated with division of property into independent and self-contained units-Order of Chief Settlement Commissioner, as upheld by Division Bench of High Court, dividing house into two units on basin of possession without a independent and self-contained -Held, arbitrary and liable to be quashed.

Transfer of house-Settlement authorities having had no jurisdiction to transfer house to petitioner end to issue a P. T. D. after he lest his case up to High Court, assertion that Settlement authorities and High Court left with no jurisdiction, after issue of P. T. D. to petitioners, held, rightly repelled.

Sched., Part I-Transfer of house-Settlement authorities excluding servant quarters from main bungalow and such demarcation accepted by respondents transferees of bungalow-Respondents, held, could not in view of such consent agitate for inclusion of servant quarters in main bungalow regardless of whether occupants thereof were entitled to same or not.

Sched., para. 1-Transfer of house-Limitation-Respondents applying for transfer of house but house transferred to appellants without giving respondents any opportunity of being heard-Nothing showing appeal having been filed, after expiry of period of limitation counted from, date of respondents' knowledge of ex pane order, appeal, held, not barred by time-Respondents N. C. H. form having not been considered at any stage, transfer in favour of appellants, held, rightly quashed and remand of case for fresh decision justified.-[Limitation].

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2(6) & Shed, Part I-Transfer of house Person in possession of premises on basis of an order passed by Rent Controller under S. 15, Sind Rent Restriction Act, 1947

Order of Rent Controller could be deemed to be an allotment order under S. IS of Act XII of 1957 or S. 14 of Ordinance XV of 1949, only if it could be shown that such an order passed between 1-3-47 and 15-10-49 was specifically for one of the purposes specified in subsection (1) of S. 14 of Ordinance XV of 1949 vii. for social or .economic Rehabilitation in Pakistan of a displaced person-Wife, in pursuance of notification dated 7-3-60 could be deemed to be in possession only if possession of husband be in pursuance of an order passed by a competent authority on or before 20-12-58.

Order of Central Government dated 13-10-59 regarding clearance of rent Condition imposed only on parsons who are not in occupation of premises in pursuance or order passed by competent authority Condition of clearance of rent not applicable to regular allottees.

Sched., Part I-Transfer of house Deputy Custodian, Evacuee Property, refusing to confirm agreement of exchange of a property in favour of A Custodian of Evacuee Property, however, accepting exchange and holding that A was at liberty to institute suit for specific performance-Meanwhile property disposed of by Settlement Authorities and transferred to S-A, thereafter, in his suit for specific performance obtaining ex parte decree in his favour Question whether mere confirmation of agreement of exchange conferred any title on A .so as to deprive S of any locus standi to maintain suit for declaration that ex parte decree obtained by A was fraudulent-Special Leave to Appeal granted by Supreme Court to consider question.

Sched., Part I-Transfer of house-Question of divisibility-Grievance that Assistant Settlement Commissioner was not invested with powers of Deputy Settlement Commissioner and therefore transfer of house by him, as indivisible, was without jurisdiction-Held, any irregularity as alleged if committed was cured when matter had come up before higher Settlement authorities in appeal and revision and considered by them on merits.

Value of claim being higher or lower-No consideration in matter of transfer of house-Cannot constitute an item of preference-Order based on such consideration, held, erroneous.

Sched., Para. 1, Settlement Scheme No. I and Central Government Notification No. F. 1-(2)/59-SI, dated 13-10-59-Transfer of house-Auction sale-Local in possession of house valued at less than Rs. 10,000.00 since 1949 submitting L. H. Form for transfer of same-House auctioned without disposing of his claim properly-Order of Assistant Settlement Commissioner rejecting L. H. Form without assigning any reason-Held, claim of person in possession, in circumstances, not properly considered and treated to be still pending-House, in circumstances, could not be auctioned-Such person fulfilling conditions laid down in Notification No. F. 1-(2)/59-SI dated 13-10-59, even though not having allotment order-Entitled to be considered for transfer of house.

S. 10 and First Schedule, para. 1-Transfer of house-Person cannot be deprived of his entitlement to transfer of premises in his occupation merely for haring submitted KCH as well as KNCH Form .simultaneously for transfer of same property

Mere mis-statement regarding extent of portion under his occupation cannot disentitle him to get portion he could legally claim.