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Civil Petition No. 935 of 1983, decided on 29th January, 1984.
(On appeal from the judgment, dated 13‑4‑1983 of the Lahore High Court in Writ Petition No.1086‑R/1978).
‑‑‑Art. 185(3)‑‑Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched.‑‑Dispute over transfer of evacuee shop‑‑Leave to appeal‑‑Granted to consider contention of petitioner that shop in dispute could not be transferred to a third party as her Form for transfer had not yet been disposed of.
Muhammad Akram Khokhar, Advocate Supreme Court and Sh. Abdul Karim, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 29th January, 1984.
.‑‑ The petitioner, who is in possession of the shop in dispute, had admittedly applied for the transfer of the same on 26‑4‑1974 on Form RS. VIII/House. The property, however, was transferred to respondent No. 4 in association with respondent No: 3 vide order dated 15‑6‑1974.
The learned Judge in the High Court met the plea of the petitioner to the effect that without disposal of her transfer form, the property could not be transferred to a third party by observing that the form of the petitioner had been returned to her after it was submitted and as it was not resubmitted by the petitioner, the Deputy Settlement Commissioner had no form available with him to dispose of; hence he was free to transfer the same to a third party.
We have examined the entry, on which the learned Judge has relied in coming to the conclusion that the form had been returned to the petitioner. This entry is in the following terms:‑
"Return original Form RS VIII/House to applicant for PARHA NAHI JATA and despatch to Mst. Nawab Bibi."
However, there is no proof of its actual despatch to Mst. Nawab Bibi and its receipt by her. In these circumstances, the contention of the petitioner that the shop could not be transferred to a third party, as her form for transfer had not yet been disposed of, has some force.
Leave is, accordingly, granted.
Security in the sum of Rs. 1,000.
The interim stay granted on 10‑9‑1983 will continue to remain in operation pending the disposal of the appeal.
S.Q. Leave granted.
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