Transfer of Evacuee House

In view of a prior family arrangement having been acted upon and widow having remained in continuous possession of said house in dispute, Settlement authorities found her entitled to transfer of entire house

Claims of appellant that there was no prior family arrangement, that he was original allottee and that widow was living as a mere licensee, not established

Finding of fact recorded by Settlement authorities with regard to actual

Order of Settlement Commissioner holding that shop could not be transferred to appellant whose L.S. Form stood rejected and order of High Court maintaining same set aside

Case remanded to Notified Officer for disposal afresh in accordance with law.

Appeal allowed in terms of agreed settlement.

Respondents, as such, stood better qualified for transfer of house - Petitioner for such reason not seriously pursuing matter but filing appeal after seven years from date of order of transfer to respondents-Petitioner even if supposed to have filed some ,form of allotment, his conduct in not pursuing same for seven long years enough for High Court to hold that case could not be reopened after such a late stage when in meantime many development took place and P. T. D. issued to respondents

Appeal even from issue of S. 30 notice belated by nine months-High Court, held, perfectly justified in holding that after issue of P. T. D. case no longer fit for being reopened particularly when petitioner

S. 2(6) read with Ministry of Works and Rehabilitation Notification No. F. 3(3)/60-SI, dated 3-8-1960-Transfer of evacuee house Possession-Person in order to avail of benefit of extension of period beyond 20-12-1958 as envisaged by notification must be shown to have-been in undisputed occupation of property claimed-Allotment in favour of claimant having been for a period of few months only and competent authority entitled to allot house to other persons, claimant could not be deemed to have been in undisputed occupation-of claimant having remained in occupation of house throughout of no consequence in view of his occupation being illegal, being in breach of condition of allotment requiring such person to hand over possession to Settlement Authority on expiry of period of allotment.