Law:

Section:

Displaced Persons (Compensation and Rehabilitations) Act (XXVIII of 1958)- -- Sched., Part I-Transfer of house--Contention that son having already filed NCH form for transfer of house, father could not be entitled to file form CH in respect of same property-Son supporting father and relinquishing his claim in favour of his father and C. H. form filed by father being in Faire of an alternative case, contention, held, of no avail-Plan shoring existence of wall running right along line dividing two portions and Settlement Commissioner dividing house into two units, immaterial whether one unit went to son or his father-Substantial justice having been done by transferring house to two families in view of their respective possession for a large number of years, order of division, held, neither incompetent nor irrational. JUDGMENT SALAHUDDIN AHMAD, J.--This appeal by special leave is from the order of the late High Court of West Pakistan allowing the Letters Patent Appeal of Choudhary Fateh Din, predecessor-in-interest of the respondents herein. The order of the learned Single Judge passed in the writ petition filed by the appellant herein was set aside and the orders of the Settlement Commis­sioner dated 7-3-1961 and the Chief Settlement Commissioner dated 9-5-1962 were maintained. Under these orders of the Settlement Authori­ties the house in disputed stood divided between the parties according to their respective possession and they were transferred to the parties: The dispute over property No. B-11-5-8-56 situated in Okara is between the appellant, a claimant and an allottee in possession and respondent No. 1, Abdul Hameed, a non-claimant mho obtained allotment in the year 1955. The appellant was in possession of a half portion of the house in dispute and had filed a C. H. form. Respondent No. I tiled a N. C. H. form and claimed to foe an allottee in possession of the property. His father, Choudhary Fateh Din (now deceased) filed a C. H. form as a claimant and claimed possession of the property on the basis of the possession of his son, respondent No. 1. The Deputy Settlement Commissioner found the house ire possession of the appellant and respondent No. 1 and…

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