Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- -- S.-2 read with Sched., Part I-Transfer of evacuee house ­Additional Settlement Commissioner on reference to plan observing respondent , having been living in a portion of house entirely independent and easily divisible from rest of grouse by vertical division and transferring such portion to her from ground floor to top floor--Rest of house including deorhis and garrage transferred jointly to petitioners and some other which they had to divide themselves privately-Contention that on proper interpretation of order petitioners entitled to retain portion in their possession not forming part of unit transferred to respondent, held, not correct--­Petitioners, held further, could not be given portions on two sides of dividing line under orders of Settlement authorities. JUDGMENT MUHAMMAD AKRAM, J.-This is a petition for special leave to appeal from an order dated the 24th April, 1974, passed by a learned Judge of the Lahore High Court at Lahore accepting a writ petition filed by respondent No. 1 herein against the petitioners. The dispute in this case relates to the disposal of three storeyed house bearing No. S. 1-114-S-28 situated at Kacha Nisbet Road, Lahore. It was in the possession of a number of persons, but the contest was confined between petitioners, namely Gulzar Ahmad and Muhammad Ashrq sons of Shahbaz alias Sajha, Muhammad Siddiq, Muhammad Zahoor, Muhammad Hussain and Mst. Inayat Bibi respondent No. 1. All of them are claimants and allottees in possession of different portions from different dates and had applied on their respective C. H. forms for the transfers. On the 10th December, 1959, Mr. J. D. Malik, Additional Settlement Commissioner transferred the entire house to respondent No. 1 behind the back of other interested parties. Afterwards by a separate order passed on the 20th February, 1960, the Deputy Settlement Commissioner transferred the entire house in favour of Muhammad Siddiq, Muhammad Zahoor and the petitioners jointly by association. This order gave rise to three appeals. On the 19th December, 1960, the Additional Settlement Commissioner accepted the appeal of Mr.…

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