1. NASIM HASAN SHAH, J.-The learned counsel for the petitioner Ch. Khalil. Ur-Rehman, has, inter alia, submitted that the plot in question was transferred to Saroon Khan (deceased) predecessor-in- interest of respondents 1 to 4 on 15,.6-;960 and that the transfer in favour of the said Saroon Khan was perfectly legal inasmuch asp even a local could obtain the transfer of an open plot. The view of the learned Judge in the High Court that the same could not be transferred to him because he was not a claimant was expressed by overlooking the provisions of para. 13 of the Schedule to the Displaced Persons (Compensation and Rehabilitation) Act, 1958, read with Settlement Scheme VI.
2. Hence, the said plot having been validly transferred in June; 1960 was not available for transfer by auction in 1961 to respondents 5 and 6.
3. The contention that the learned. Judge in the High Court erred in la in upholding the auction in favour of respondents 5 and 4 on the assumption that the earlier transfer of the plot to Saroon Khan on 15-6-1960 being an illegal transfer did not confer any right, on him and could .Therefore ignored, requires further consideration.
4. Security in sum of Rs. 1,000 The appeal to be made ready on the present record with liberty to the parties to add additional documents, if any and. Put up for hearing very early as this matter has been pending in this Court since 1976.