Law: Displaced Persons (Land Settlement) Act, 1958

Section: 6

          Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 6 read with Punjab Pre-emption Act (I of 1913), Ss. 4 & 6 Property falling in compensation pool and allotted to claim ants----Not amenable to pre-emption suit----Displaced Persons (Com pensation and Rehabilitation) Act (XXVIII of 1958), S. 7-----[Sher Muhammad and others v. Azmat Ali P L D 1968 Lah. 1171 dissented from]. The scope of section 6, Displaced Persons (Land Settlement) Act, 1958 is extremely wide and extensive. There are no words limiting its scope and extent. The land forming part of the pool shall not be liable to be proceeded against for any claim" in "any manner whatsoever" in execution of "any, decree or order" by "any process" of Court or other authority. According to the marginal note, this section deals with the "Exemption of the Compensation pool from process." In the body, this section lays down that the land forming part of the pool shall not be liable to be "proceeded against" in execution of a decree or order by any process. According to Wharton's Law Lexicon, the term "process" is largely taken for all the proceedings in any action or prosecution, from the beginning to the end; strictly it means the summons by which one is cited into a Court, because it is the beginning or principal part of, by which the rest is directed" Similarly according to the Shorter Oxford English Dictionary "proceed" means to go, move or travel forward. It also means to go with an action. In a corresponding provision, in section 7 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, it is laid down that no property forming part of the compensation pool shall be liable to be proceeded against in execution of any decree or order or "by any other process" of Court or other authority. This clearly means that the jurisdiction of a civil Court is completely barred from issuing all and any of the process against a properly in the pool. These two sections are pari materia with each other. By entering upon a suit with respect to a property in the compensation pool,…