Law:

Section:

Displaced Persons (Compensation and Rehabilitation:) Act XXVIII of 1958), Sched., Part I-Transfer of evacuee house-Houses, areas and occupants of both distinct and separately assessed by Excise and Taxation Department-Houses separate and distinct- Cannot be transferred to a single person-High Court's observation that settlement authority's finding that houses were separate was perverse, not based on evidence-Transfer of one house set aside and appellant declared entitled to retain such house on payment of evaluation price. JUDGMENT SALAHUDDIN AHMED, J.-This is an appeal by special leave from the order of a Division Bench of the then High Court of West Pakistan, Karachi Seat, dismissing the appellant's Consti­tution Petition under Article W of the 1962-Constitution. Mr. S. H. Rizvi, Advocate, has appeared on behalf of the appellant, but no body has appeared to oppose the appeal al­though notices were duly served on the respondents. The dispute is in respect of house No. F/67-1199/1, Gari Khatta, Hyderabad. The appellant is a claimant displaced person and he claims to have submitted a C. H. form for the transfer of the house on the 14th of July 1358, on the basis of his possession. According to the appellant this is an entirely 'separate and independent house and that house No. F/67-1199, which was in occupation of a local, Kazi Ahmed, is entirely a different house. The houses were separately surveyed by the Excise and Taxation Department in the year 1y58. 'lee appellant wad that he received a notice from the Advocate of respondent No. 5 Muaa Sabir Raza and came to know for the first time that house-No. FJ67-1199 had been transferred to respondent No. S. ft may he stated here that the original transferee Najaf Haider surrendered the house to respondent No. 5 by an agreement of association. The appellant, accordingly, submitted an appli­cation before the Deputy?' Settlement Commissioner for the trans­fer of the disputed house, namely, house No. F/67-1199/1 on the basis of C.H. form filed by him. The Deputy Settlement Commissioner rejected the application on the ground that the appel­lant having withdrawn his C.H. form, the house had been rightly transferred to…

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