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(On appeal from the judgment and order of the Lahore High Court, Rawalpindi Bench dated 27th February, 1982 in Writ Petition No. 658/R of 1980).

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-

--Sched., Part I-Transfer of house---Compensation book of contesting respondent having been lying with Settlement authority its amount, held; should have been adjusted towards payment of balance price of house in dispute and such having not been done, equity lay in favour of such respondent.

Samad Mahmood, Advocate Supreme Court of Pakistan and Imtiaz Muhammad Khan, Advocate-on-Record for Petitioner.

Nemo for Respondents.

Date of hearing : 31st October, 1982.

MIAN BURHANUDDIN KHAN, J.-This petition is directed against the judgment and order of the Lahore High Court, Rawalpindi Bench, dated 27-2-1982 whereby the writ petition impugning the legality of the order of the Settlement Commissioner Rawalpindi (respondent No. 4)'transferring House No. P/1307 situate in Mohallah Kartarpura, Rawalpindi by accepting the revision petition against the order of its resumption, was dismissed.

2. Malik Nazir Ahmad, petitioner, a local, was in possession of the ground of the house in question while Suleman Shah, respondent No. 3, a displaced person claimant, was in occupation of the upper portion of the house. On his application, the entire house was transferred to him against the price of Rs. 11,040 by the Deputy Settlement Commissioner, Rawalpindi on 25-4-1961. He associated Muhammad Ali Khan, respondent No. 1 a displaced person claimant, and surrendered his rights in the house in the latter's favour. Respondent No. 1 deposited two compensation books with the Deputy Settlement Commissioner for the adjustment of the price. In one compensation book the compensation was worth Rs. 6,217.13 while in the other, the valuation was Rs. 3,363. The amount of the first compensation book was adjusted against the price of the house in question leaving a balance of Rs. 4,822.87. However, the amount available in the second compensation book was not adjusted by the Settlement Authorities, and it remains intact lying in. the Settlement Office. The Settlement Authorities, then under the impression that the balance had not been paid, cancelled the allotment in favour of respondent No. 1 and included the house in the Auction List.

3. Respondent No. 1 applied to the Additional Settlement Commissioner for the adjustment of amount of compensation available in his second Compensation Book and for the deletion of the house from the Auction List. Accordingly the case was sent back to the Deputy Settlement Commissioner to verify the claim of respondent No. 1 and if his claim be correct, the house should be struck off from the Auction List.

4. On 21-4-1973 the house in question was transferred, by negotiation, to Abdul Rashid respondent .No. 2 for Rs. 9,000- who surrendered his rights in the house in favour of Malik Nazir Ahmad petitioner. This was questioned by respondent No. 1 before the Additional Settlement Commissioner without any favourable result. He then filed a revision which was also dismissed on 13-4-1974. Thereafter, he filed writ petition in the High Court assailing the validity of the above-mentioned order transferring the house to respondent No. 2 which was accepted vide the impugned judgment.

5. We have examined the facts and the contention of the learned counsel and find that the matter has been dealt with legally by the learned Single Judge of the High Court. It is evident that the compensation book of respondent No. 1 was lying with the Settlement Authority and as such its amount should have been adjusted towards the payment of the balance price of the house in dispute but it was not done by the Settlement Authority for no fault of respondent No. 1. As such equity in this case is in favour of respondent No. 1. This petition, therefore, is without any merit and is, accordingly, dismissed.

S. A. H, Petition dismissed.

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