Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act XXVIII of 1958), Sched. 1, Part IV, para. 14 read with S. 2(4)-Industrial concern located only on ground floor of building-Residential rooms on first and second floors independent of portion occupied by industrial- concern-Industrial concern apart from a common entrance having an independent entrance of its own on main road-Tenement occupied by industrial concern, held, may be transferred as an industrial concern and other tenements to be disposed of as independent units. ORDER ANWARUL HAQ, J.-This petition for, special leave to appeal seeks to call in question an order made by a Division Bench of the Lahore High Court on the 23rd December 1971, whereby the appeal filed by the, respondent, Mst. Nur Begum, under clause 10 of the Letters Patent was accepted, and an -- order made by a learned Single Judge of that Court on the 10th March 1966, in Writ Petition No. 1832-R of 1963, was set aside. The facts relevant 'for our present purpose ate that the property in' dispute, bearing No. B-1975, situate in Chowk Jhanda, Inside Mori Gate, Lahore, is a composite property com­prising one flour chakki on the ground floor, and residential rooms on the first and the second floors. The chakki stands transferred to the present petitioner, Khan Sahib Muhammad Nawaz Khan, whereas the residential rooms have gone to the respondent, Mst. Nur Begum. The Settlement Authorities have held that the two units were distinct and separate from each other. Aggrieved by the division of the property, as carried out by the Settlement Authorities, the petitioner invoked the writ jurisdiction of the High Court, contending that the residential rooms were a part of the industrial concern transferred to him and they could not, therefore, be separated from the flour chakki and transferred to Mst. Nur Begum on the basis of her possession. This contention found favour with the learned Single Judge, who held, by his order dated the 10th March 1966, that the definition of the term house a§ given in clause (4) of section 2 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, (hereinafter called the Act), specifically... exclude a…

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