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Civil Petition No. 376 of 1979, decided on 5th October, 1983.
(On appeal from the judgment dated 3rd March, 1979 of the Lahore High Court in W. P. No. 89 of 1977).
‑--Arts. 185(3) & 199‑Displaced Persons (Compensation and Rehabili tation) Act (XXVIII of 1958) and Settlement Scheme No. VIII‑Transfer of evacuee property‑Settlement Authorities holding that respondent was entitled to transfer of property in dispute with result that same could not be put to auction and transferred to petitioner auction purchaser‑Petitioner failing to displace soundness of view taken by Settlement Authorities and upheld by High Court‑Leave to appeal refused.
Mian Saeed‑ud‑Din, Advocate Supreme Court and Rana Maqbool Ahmad, Advocate‑on‑Record for Petitioner.
Shahzad Jahangir, Advocate Supreme Court for Respondents.
Date of hearing : 5th October, 1983.
In this case, the dispute relates to the transfer under the provision of the Displaced Persons (Compensation and Rehabilita tion) Act, 1958 of an evacuee house valued at Rs. 12,000. The competition is between the occupant of the house (respondent No. I herein), who is a local and the auction‑purchaser (the petitioner herein), who at one point of time was transferred the house as the highest bidder at an auction when it was considered that local occupants were disentitled to the transfer of evacuee houses whose value exceeded Rs. 10.000. Ultimately it was held by the Settlement authorities that the local occupant (respondent No. 1 herein) was entitled to the transfer under the subsequent Scheme viz. Settlement Scheme No. VIII with the result that the house could not have been put to auction at all. Accordingly, the auction‑purchaser (petitioner No. I herein) had no locus standi.
2. Mr. Saeedullah Khan for the petitioner, despite his lengthy sub mission before us, was not able to displace soundness of the view taken by the Settlement authorities and upheld by the High Court.
3. This petition has failed and is dismissed hereby.
S. Q. Petition dismissed.
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