Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-Sched., para. 1, S. 2 (6) f as amended by Ordinance of 19591 and Central Government Notification dated 9-9-1960 under S. 2(6)­Appellant not in occupation of house, passing it on to another, a local, encroaching upon a large piece of evacuee land and raising, a compound wall and building a room thereon-Appellant's allotment cancelled on such account after proper enquiry and due notice­ Appellant, in circumstances, not legally entitled to transfer of house on basis of earlier allotment-Successor allottee, not having obtained possession in spite of order of ejectment passed against appellant­ Entitled to benefit of extended -'definition of "possession" under S. 2 (6)-Ejectment order being passed for benefit of successor allottee conditions of notification under S. 2 (6), held, fulfilled and entitlement of successor allottee for transfer of house established. JUDGMENT MUHAMMAD YAQUB ALI, J.-The subject-matter is the transfer of House No. SE-3111273, situated in village Amar Sidhu, District Lahore, under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. Saadat All, appellant, who claims to be an allottee of the house filed NCH form for its transfer, but the Settlement authorities ruled it out on the finding that he had unauthorisedly occupied one room in the house. The house was transferred to Abdul Karim, respondent, a claimant displaced person who was allotted the house on 2nd July 1957, but had not succeeded in obtaining Possession in spite of the order of ejectment passed against the appellant. His case was therefore covered by the extended definition of "possession" under section 2 (6) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. An appeal preferred by the appellant to the Additional Settlement Commissioner and a further revision petition filed before the Settlement commissioner against the order of transfer in favour of Abdul Karim were respectively dismissed by the Additional Settlement Comr4issioner and Settlement Commissioner. The appellant thereupon filed Writ Petition No. 1910/R of 1963 in the High Court which was dismissed by a learned…

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