Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVlllof 1958), S. 10 & Sched., Part I-Transfer of house-Person in possession of a room in property not found entitled to transfer of that room--Application moved before Chief Settlement Commissioner that he be transferred other portion of house remaining undisposed of -- Such application, held, not a review petition but a miscellaneous application under S. 10 - Chief Settlement Commissioner to apply his own independent mind to submissions made by applicant and not to merely endorse view of Settlement Commissioner (Policy) without expressing his own opinion-Order passed by Chief Settlement Commissioner, in circumstances, held, illegal and void. Ghulam Mohf-ud-Din v. Chief Settlement Commissioner (Pakistan), Lahore and others P L D 1964 S C 829 ref. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part I-Transfer of house-Person hold­ing allotment order and another a non-allottee but otherwise in undisputed occupation of portion of property-Both stand on same footing and person having allotment could have no preference over such non-allottee. Barkat Ali v. Muhammad Sharif and another P L D 1966 S C 817 and Abdul Majid Shaida v. Mst. Noor Jehan and another P L D 1967 S C 221 ref. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part 1-Person on basis of his possession to part of property-Entitled to get transfer of other portion of property-Person in possession of only one room in property-Could lay claim to transfer of other undisposed of portion of property on basis of his such possession. Altaf Hussain and others v. Chief Settlement Commissioner, Pakistan and others P L D 1965 S C 68 ref. Sh. Abdul Mannan, Advocate Supreme Court instructed by Salim Ahmad Malik, Advocate-on-Record for Appellant. Respondent No. 1: Ex parte. Mahmood All Qasuri, Senior Advocate Supreme Court instructed by Ejaz Ahmad Khan, Advocate-on-Record for Respon­dent No. 2. Dates of hearing: 27th, 28th and 29th April 1971., JUDGMENT WAHIDUDDIN AHMAD, J.-This appeal by special leave is directed against the order of the High Court of West Pakistan, Lahore,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492