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Civil Petition for Special Leave to Appeal No. 590 of 1975. decided on 23rd November, 1980.
(On appeal from order of Lahore High Court crated 6‑2‑1.9"15 in W, P No. 42/R of 1974).
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)‑
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‑ Sched., Part I‑Transfer of evacuee house‑Petitioner residing in disputed house with his mother‑Petitioner's plea regarding lack of knowledge of transfer of house in his mother's favour rightly rejected as unworthy of credence‑Petitioner also not choosing to challenge transfer of house in his mother's favour within prescribed period of limitation‑Petitioner's contention that he being a displaced person from Jammu & Kashmir had a superior claim to transfer of house, than that of his mother and KNCH form filed by him having not been considered transfer of house in his mother's favour invalid in law, held, devoid of force in circumstances.
Tanvir Ahmad, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 23rd November, 1980.
‑The facts of this case briefly stated are that by the order dated 11‑1‑1960, the Deputy Settlement Commissioner, Lahore transferred the house in dispute to petitioners mother, Mst. Maryam Jan, on her N. C. H. form and she later on associated Muhammad lqbal Khan, respondent No. 1 herein, to whom transfer documents were issued. On 30‑11‑1962 petitioner challenged the transfer in his mothers favour in an appeal to the Additional Settlement Commissioner on the ground that he had also claimed transfer of the house under KNCH form filed on 20‑11‑1959 which had not been taken into consideration. The memorandum of the appeal being incomplete, was returned to the petitioner and he then refiled it on 17‑7‑1963. Finally, the Additional Settlement Commissioner dismissed the appeal as hopelessly barred by time, rejecting petitioner's plea that he had no knowledge of the transfer of the house in his mother's favour. Petitioner's revision application to the Settlement Commissioner failed for the same reason, and the Lahore High Court on being moved by the petitioner through a petition under Article 199 of the Constitution also refused to interfere with these orders. It is in these circumstances that the petitioner approached this Court for special leave to appeal.
Mr. Tanvir Ahmad, Advocate submits that the petitioner being a displaced person from Jammu & Kashmir had a superior claim to the transfer of the house than that of his mother and since the KNCH form by him was not even considered, the transfer in favour of petitioner's mother was totally invalid in law.
This plea has been rightly rejected by the High Court on the ground that the petitioner had chosen not to challenge the transfer of the house in his mother's favour within the prescribed period of limitation. Admittedly be was residing in the disputed house with his mother and his assertion that he had no knowledge of the transfer of the house in his mother' s favour was also rightly rejected as unworthy of credence. The view that prevailed with the learned Additional Settlement Commissioner and the High Court that the petitioner's appeal was hopelessly barred by time, therefore, does not call for interference.
This petition has no merit and is dismissed in limine.
Petition dismissed.
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