| Citation(s) |
|---|
| 1973 SLG 148 1973 SLD 148 1973 SCMR 479 |
Supreme Court of Pakistan
Civil Appeal No. 49 of 1968, decision dated: 17th January 1972. dates of hearing: 21st and 22nd December 1971.(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 3rd May 1965 in Writ Petition No. 1341 /R of 1962)
HAMOODUR RAHMAN, C.J., SAJJAD AHMAD, WAHEEDUDDIN AHMED AND SALAHUDDIN AHMED, JJ
Appellant in person. S. Hidayatullah Khan, Advocate Supreme Court instructed by Iftikharudin Ahmed, Advocate-on-Record for
Respondents Nos. 1 to 4. S. Jamil Hussain Rizvi, Senior Advocate Supreme Court instructed by Khalilur Rehman, Advocate-on-Record for
Civil Appeal No. 49 of 1968, decision dated: 17th January 1972. dates of hearing: 21st and 22nd December 1971.(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 3rd May 1965 in Writ Petition No. 1341 /R of 1962)
HAMOODUR RAHMAN, C.J., SAJJAD AHMAD, WAHEEDUDDIN AHMED AND SALAHUDDIN AHMED, JJ
Appellant in person. S. Hidayatullah Khan, Advocate Supreme Court instructed by Iftikharudin Ahmed, Advocate-on-Record for
Respondents Nos. 1 to 4. S. Jamil Hussain Rizvi, Senior Advocate Supreme Court instructed by Khalilur Rehman, Advocate-on-Record for
MUHAMMAD AMINUDDIN
VS
CHIEF SETTLEMENT COMMISSIONER AND 5 OTHERS
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act, (XXVIII of 1953), S. 2(3)-"Displaced Person"-Persons born in and having their permanent residences at time of partition in that part of British India which now forms part of Pakistan-Question whether and when residence of such persons, on account of their service, in that part of British India which now forms part of India would make them "Displaced Persons"- Question of fact to be decided in circumstances and light of each case-Person born in and having a house in Lahore where he married twice and where his mother and daughter lived-Not a "displaced person" merely because at time of Partition he was in Delhi (India) on account of his services having been placed at disposal of Chief Commissioner, Delhi by Punjab Provincial Government. Walayat Shah v. Muzaffar Khan P L D 1971 S C 184 and Haider Shah v. Mukhtar Hussain Shah P L D 1963 Lah. 548 ref. JUDGMENT SALAHUDDIN AHMED, J.-This appeal by special leave is from an order of the former High Court of West Pakistan, dismissing the appellant's petition under Article 98 of the Constitution and refusing to interfere-with the order of the Settlement Commissioner cancelling the transfer of the disputed house to the appellant. The appellant, who was born in Lahore, was appointed as Stenographer to the Superintendent of Police on Special Duty, Delhi, on the 23rd of December 1930. He was subsequently appointed to several other posts and on 1-8-1944 he was appointed Head Clerk of the Senior Superintendent of Police and was also promoted as an Inspector. finally on 7-8-1946 be was ,appointed as Officiating Deputy Superintendent of Police, Delhi. On 22-8-1947, he came to Pakistan having opted for it. At the time he joined Service in Delhi he mentioned Lahore as his home-town. In the course of his service in Delhi he twice married in Lahore. The dispute relates to the transfer of evacuee house No. S. 90-R-40-A, Mohan Lal Road, Lahore. The appellant was in occupation of the house as an allottee in pursuance of an order of the Assistant Rehabilitation Commissioner, Lahore, dated 15-1-1948. At the commencement of the Settlement Operations he filed N. C. H. from for its…
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