Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2(4) & Sched., Part I-Section 2(4) contem­plates a house to include gardens, garages and outhouses appurtenant thereto-Applicant for entire house need not specifically mention that he also wanted transfer of garden, outhouses etc. The definition of the term house as given in clause (4) of section 2 of the Displaced Persons (Compensation and Rehabilita­tion) Act, 1958, contemplates that a house includes gardens garages and outhouses appurtenant thereto even though they may be in the possession of persons other than those who are in possession of the main house. Such being the case, an applicant for the entire house does not have to specifically mention that he also wants the transfer of the garden, grounds, garages or out­houses, appurtenant to the house itself. ORDER ANWARUL HAQ, J.-This petition for special leave to appeal seeks to challenge an order made by the learned Chief Justice of the Peshawar High Court on 7-11-1972, whereby he has dismissed a constitution petition moved by the petitioner, Abdul Hakim, in respect of the transfer of a quarter attached to Bungalow No. 27, situate on The Mall, Peshawar Cantt. There has been prolonged litigation between the parties in respect of this property. In an order made by the Deputy Settlement Commissioner on the 20th of January 1960, the entire property was described as consisting of six residential portions. The portion now in dispute was transferred to respondent No. 6, and the L. H. form filed by the petitioner, Abdul Hakim, was rejected. Nine appeals, including one by the present petitioner, were filed against this order. They were accepted by the Addi­tional Settlement Commissioner, by his order dated 31-3-1960, and the case was remanded to the Deputy Settlement Commis­sioner for a fresh decision by treating each portion as a separate Independent residential unit. On remand, the matter was reconsidered by the Deputy Settlement Commissioner by his order dated the 28th of June 1960, and he held that the portion now in dispute, belonging to an evacuee named, Brij Nath Annand, consisted of the main house occupied by A. S. Ansari and…

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