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ANWAR ALI versus HABIB HUSSAIN


Determining the position of the respondents according to the provisions of Section 30 General Clause Act (X of 1897), Section 4 Security 4, Appellant in question under the Displaced Persons (Compensation and Rehabilitation) Act, 1958 Owner property was canceled prior to transfer. The cancellation of the Act, therefore, could not raise any right in favor of the appellant as it had not yet been exchanged in his favor, the fact being that the appellant already owned the property in question before the cancellation of the act. Applied for transfer, no. This means that he had no right to the property he had to transfer, so the provisions of Section 4 General Clause Act 1897 were not applicable so the respondent The tenant cannot be considered as such under the appellant

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