Displaced Persons (Compensation and Rehabilitation) Act, Section 24 - Section
41 of the Transfer of Property Act, 1882 does not over-ride the provisions of Section 24 of the Displaced Persons (Compensation & Rehabilitation) Act - Transfer of Property Act, 1882 (IV
of 1882). (180) PLR
Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of
1954) - Auction sale - If the third respondent had not challenged the auction and had again applied before the Tehsildar (Sales) for annulling the sale and recognizing his right under the new
policy - Settlement Commissioner had actually upheld his objection and had directed the consideration of the third respondent's rights in the light of the State policy - Reconsideration had
the effect of keeping the rights of auction purchaser at bay and examination of an issue of whether the third respondent was in possession of evacuee property before the auction - It entitled
him to obtain consideration in the light of liberalization of the policy which clearly thwarted a prospect of annulling the auction sale in favour of the petitioner. (177) PLR
Displaced Persons (Compensation and Rehabilitation) Act,
1954 (44 of 1954) - Displaced persons - That he has now gone to Canada and has settled there, would not take away his right to be considered as a displaced person which he was, as defined
under the Act at the time when the auction of the plot in question had taken place, in which he was declared to be the highest bidder.(178) PLR
Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of
1954) Section 24 - Allotment made in the year 1958 - Allotment challenged - Full price had been paid and a conveyance deed was also made in 1965 - All that can be seen that the transfer which
was made still in a state of limbo after 56 years from the date when the transfer was made - He and his representative have continued in possession all along - Allowed for a consideration of
retention of the property if he is prepared to pay the price which is ascertained by the authorities on circle rate. (176) PLR
Displaced Persons (Compensation and Rehabilitation) Act,
1954 (44 of 1954) Section 24 - Transfer of Property Act, 1882 (IV of 1882) Section 41 - Protection under Section 41 of the Transfer of Property Act is sub servient to Section 24 of the
Displaced Persons (Compensation & Rehabilitation) Act - Section 41 of the Transfer of Property Act, 1882 does not over-ride the provisions of Section 24 of the Displaced Persons (Compensation & Rehabilitation) Act - In view of
this, the plea of bona fide purchaser is not available to the petitioner. (176) PLR
Displaced Persons (Compensation and Rehabilitation) Act,
1954 (44 of 1954) Section 25 - A verylimited power of review has been conferred upon the Chief Settlement Commissioner who can review his
orders under the circumscribed limits, i.e. for correction of only clerical or arithmetical mistakes or errors arising from any accidental slip or omission - Even otherwise, scope of power of
review cannot extend beyond the circumstances enumerated under Rule 1 of Order XLVII of the Code of Civil Procedure. (173) PLR
Displaced Persons (Compensation and Rehabilitation) Act,
1954 (44 of 1954) Section 33 - As per orders of the competent authority the 2nd purchaser was allowed to deposit the amount - Finding have nowhere been controverted by the petitioner either
in the writ petition or at the time of hearing - It has not been shown to the Court that the above findings were factually incorrect - Issue was never raised by the petitioner in the earlier
round of litigation before a learned Single Judge, then before the Division Bench of this Court and then before the Apex Court - Once the competent Authority has recorded the above finding,
in the absence of any mala fide alleged, I do not intend to interfere with the same.(178) PLR
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