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Civil Petition No. 355 of 1976, decided on 7th March, 1983.
(On appeal from the judgment, dated 4th February, 1976 of the Lahore High Court in W. P. No. 722‑R of 1966).
‑‑ Art. 185(3) read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched; para. 13 and Settlement Scheme VI‑Leave to appeal‑Granted to consider whether High Court erred in law in upholding auction in favour of respondents on assumption that earlier transfer of plot to another person being an illegal transfer did not confer any rights on him and could, therefore, be ignored.
Ch. Khalil‑ur‑Rehman for Petitioner.
Nemo for Respondents.
Date of hearing : 7th March, 1983.
‑The learned counsel for the petitioner Ch. Khalil. ur‑Rehman, has, inter alia, submitted that the plot in question was transferred to Saroon Khan (deceased) predecessor‑in‑interest of respondents 1 to 4 on 15,.6‑;960 and that the transfer in favour of the said Saroon Khan was perfectly legal inasmuch asp even a local could obtain the transfer of an open plot. The view of the learned Judge in the High Court that the same could not be transferred to him because he was not a claimant was expressed by overlooking the provisions of para. 13 of the Schedule to the Displaced Persons (Compensation and Rehabilitation) Act, 1958, read with Settlement Scheme VI. Hence, the said plot having been validly transferred in June; 1960 was not available for transfer by auction in 1961 to respondents 5 and 6.
The contention that the learned. Judge in the High Court erred in la in upholding the auction in favour of respondents 5 and 4 on the assumption that the earlier transfer of the plot to Saroon Khan on 15-6‑1960 being an illegal transfer did not confer any right, on him and could .therefore ignored, requires further consideration.
Leave granted.
Security in sum of Rs. 1,000
The appeal to be made ready on the present record with liberty to the parties to add additional documents, if any and. put up for hearing very early as this matter has been pending in this Court since 1976.
Leave granted.
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