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1993 PLD 129 LAHORE-HIGH-COURT-LAHORE

Punjab · 1993

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SOOKHI VS THE PUNJAB PROVINCE Displaced Persons (Compensation and Rehabilitation) Act 1958--10 , ---- Sched., para. 24 --- Settlement Scheme No.1, para. 36 --- Settlement Scheme No.VIII, paras. 2 & 3-A --- Notice to defaulting transferees for payment of balance price before issuing process of. cancellation of transferred property, a prerequisite --- Para. 36 of Settlement Scheme No.1 and paras. 2 & 3-A of Settlement Scheme No.VIII, are in substance complement to para. 24 of the Schedule -to the Act XXVIII of 1958, casting pre-emptory duty on Settlement Authorities to issue notice to defaulting transferees for the purpose of making payment of balance of transfer price of property transferred to them; such provisions also conferred right upon the transferees to make the payment of price due against them and thus save themselves from the process of cancellation and eviction --- Provisions of para. 36, Settlement Scheme No.1, paras. 2 & 3-A, Settlement Scheme No.VIII and para. 24 of the Schedule of Act XXVIII of 1958, were entirely in line with the spirit of the Act (XXVIII of 1958) which intended to rehabil