Transfer of Urban Evacuee Property

Default in payment of arrears of rent-Petitioner a non-claimant failing to pay arrears of rent and having not challenged for 13 years transfer made by competent authority in favour of respondent, held, was not entitled to transfer of property

Delay on his part debarred him from seeking relief when vested rights had been created in respect of that property in favour of others to whom P.T.D. had been issued.

On failure, impugned validity of association as no formal agreement was executed-High Court's finding that there was a valid agreement which was acted upon and parties subscribed to it during long course of litigation, and was binding even in changed circumstances, challenged

Plea that High Court had substituted a finding of fact with regard to existence of agreement of association and thereby exercised jurisdiction not possessed while deciding Constitutional petition, repelled

Decision of High Court being eminently justified on facts of case, appellant, in view of his conduct and representation, not permitted to assail joining of transfer and resile from agreement which had taken place more than 10 years earlier, given effect to and acted upon to regulate their conduct

Appeal dismissed with costs.

Respondent's transfer prior in time and P.T.D. validly issued in his favour by Settlement authorities immune from interference-Petitioner, after having conceded to remand order by High Court, not permitted to assail finding of Settlement Commissioner on question of fact

Leave to appeal refused.