Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part I-Claimant displaced person in part possession of property (a small indivisible house)-Held, rightly preferred against a local but otherwise an allottee. (b) Settlement Scheme No. I, paras. 9, 10 & 11-Provisions directory and not mandatory. Atta Muhammad Qureshi v. The Settlement Commissioner, Lahore Division and others P L D 1971 S C.61 held not applicable. Gul Muhammad Khan, Advocate Supreme court instructed by Kh. Wali Muhammad, Advocate-on-Record for Appellant. Sardar Hidayat Ullah Khan, Advocate Supreme Court instructed by M. Mahboob Ahmad, Advocate-on-Record for Respondent No. 1. Abdur Rashid, Senior Advocate Supreme Court, instructed by Ejaz Ahmad, Advocate-on-Record for Respondents Nos. 2 and 2(a) to 2(d). Date of hearing : 21st December 1971. JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the order of the former High Court of West Pakistan, Lahore, in Letters Patent Appeal No. 273 of 1963, dated the 22nd December 1964. By this order, the appeal was dismissed in limine. Briefly, the facts leading to the present appeal are that the dispute between the parties is in respect of a small house bearing No. SW-IV-26-S-9, Muslim Park, Rajgarh, Lahore. This was -allotted on the 19th January 1952 to Zia-ud-Din appellant who is a local. Later on, Ahmad Bakhsh who was claimant displaced person also came into possession of the house. He was father-­in-law of Mst. Wazir Begum respondent No. 2. Both Zia-ud-Din and Ahmad Bakhsh applied for the transfer of the house in dispute. Ahmad Bakhsh who was ill, was represented by his daughter-in-law Mst. Wazir Begum. The C. H. form of Ahmad Bakhsh was accepted by the Deputy Settlement Commissioner and the house in dispute was transferred to him on the 11th January 1960. The learned Deputy Settlement Commissioner held that the house was indivisible and as Ahmad Bakhsh was claimant, he was to be preferred on the appellant who was a local. Zia-ud-Din challenged this order in appeal and Malik Ghulam Jilani, Additional Settlement Commissioner, on the 24th September 1960, remanded the case to the Deputy…

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