Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2(3)-Displaced person ; (i) Person not permanent or quasi-permanent resident of any area occupied by or forming part of India; (ii) person who could not be described as one who had been displaced from any such area on account of disturbance and (iii) person not falling within category of persons resident in territory outside India who was unable to manage, supervise or control any property belonging to him in India or any part occupied by India-Not a displaced person. ORDER HAMOODUR RAHMAN, J.-The petitioner used to carry on hotel business at Gulmerg, Srinagar and Rawalpindi. She ac­quired for this purpose three bungalows on Gwyn Thomas Road, Rawalpindi, on lease from one Mohan Singh in 1929. It appears that at Gulmerg and Srinagar also her business was carried on in premises acquired on lease. On the 15th March 1950, the premises in Rawalpindi were allotted to a refugee from India and the petitioner was asked to vacate the same, as they had become evacuee property upon the migration of Mohan Singh. The petitioner, however, got the above order vacated by the Rehabilitation Commissioner, Rawal­pindi, on the 14th of May 1951. In the meantime, the premises in Gulmerg and Srinagar wherein her hotel business was carried on were requisitioned by the Indian Military authorities, as a result of which she was forced to discontinue her business in Kashmir. In these circumstances, she describing herself as a non-claimant displaced person from Jammu & Kashmir applied on the 8th of August 1959 for the transfer of the hotel premises situated at Rawalpindi on a KNCS form. Unfortunately this form could not be traced later. So on the 26th of April 1960, she filed another such form. The Deputy Settlement Commissioner rejected her application and transferred the premises to the respondents Nos. 2, 3 and 4 respectively, but referred the case to the Chief Settlement and Rehabilitation Commissioner for further orders. The petitioner moved the Settlement authorities in appeal and revision but without any success. Hence she filed a writ petition in the High Court of West Pakistan but the same was also…

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