INAYAT KHAN vs ALI ASGHAR and another
This appeal by leave concerns a dispute over the transfer of a property located in Toba Tek Singh. The appellant claimed entitlement to the transfer of the property based on an allotment order dated April 10, 1961. The core legal question was whether the appellant's allotment date satisfied the eligibility criteria for transfer under the relevant settlement schemes. The Supreme Court observed that if the property were classified as urban, the target date for possession under the Displaced Persons (Compensation and Rehabilitation) Act, 1958 was December 20, 1958. Conversely, if classified as rural, the target date under Settlement Scheme No. VII was January 1, 1961. The Court held that because the appellant's allotment occurred after both potential target dates, he was ineligible for the transfer. Furthermore, the Court clarified that the provisions of the Displaced Persons (Land Settlement) Act, 1958 and the Rehabilitation and Settlement Scheme were inapplicable as they pertained to land allotment rather than property transfer. Consequently, the appeal was dismissed.
- Does an allotment order dated April 10, 1961, satisfy the eligibility criteria for property transfer under the Displaced Persons (Compensation and Rehabilitation) Act, 1958?
- Are the provisions of the Displaced Persons (Land Settlement) Act, 1958 applicable to the transfer of urban or rural property under the Displaced Persons (Compensation and Rehabilitation) Act, 1958?
- Displaced Persons (Compensation and Rehabilitation) Act, 1958
- Displaced Persons (Land Settlement) Act, 1958
1. ' ABDUL SHAKURUL SALAM, J.---In this appeal by leave the dispute relates to transfer of Property No,319, Rachpal Nagar Gojra, Tehsil and District Toba Tek Singh also known as Ihata No,24/1, Chak No, 365 J.B. Details of the litigation are not necessary. The case of the appellant for transfer is based on an allotment order in his favour, dated 10-4-1961. If the property is taken as urban the target date for possession under the Displaced Persons (Compensation and Rehabilitation) Act, 1958 is 20th of December, 1958. On the other hand; if the property is taken as rural then the target date under Settlement Scheme No, VII is 1st of January, 1961. In either case the appellant would not be entitled to transfer because his allotment was later than the aforesaid two target dates. Reliance of the learned counsel for the appellant on para 54 of the Rehabilitation and Settlement Scheme and the Displaced Persons (Land Settlement) Act, 1958 is not apt as that relates to allotment not to transfer.
2. ' In this view of the matter, the appeal cannot succeed and is dismissed, but in the circumstances without any order as to costs.