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Civil Petition for Special Leave to Appeal No. 77 of 1968, decided on 27th June 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 30th November 1967, in Writ Petition No. 957‑R of 1967).
--- Sch., Part I‑Person trespassing on property allotted by Rehabilitation authorities to another before 20tH December 1958‑Cannot lay claim to transfer of property on basis of such unauthorised occupation much less invoke writ jurisdiction of High Court.
Syed Ali Raza, Advocate Supreme Court instructed by Abdur Razzaque Raja, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 27th June 1968.
‑The petitioner trespassed into house No. P/1160, Rawalpindi, which stood allotted by the Rehabilitation authorities to the respondent No. 3 before the 20th December 1958. The house was accordingly transferred to the respondent in accordance with the notification issued by the Central Government under section 2(6) of the Displaced Persons (Compensation and Rehabilitation) Act to the effect that if an allottee could not be given possession due to no fault on his part and ejectment proceedings were initiated against the person in occupation before the 20th December 1958, then such an allottee shall be deemed to be in possession for the purpose of transfer. The petitioner, however, laid claim to the transfer of the house on the basis of his prior possession, but his contention was ruled out.
The High Court declined to interfere with the orders of the Settlement authorities on the view that a trespasser was neither entitled to the transfer of a house under the Displaced Persons (Compensation and Rehabilitation) Act nor competent to move the High Court in the exercise of its constitutional jurisdiction.
The view adopted by the learned Judges is plainly correct and we see no reason to grant leave to appeal. The petition is dismissed.
Leave refused.
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