Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 7, 21

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated 30-5-1969, in Letters Patent Appeal No. 170 of 1969). (a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), First Schedule, Part I, para. 1 read with S. 21(1)(b)-Transfer of house-Review-House already transferred by Deputy Settlement Commissioner to a claimant subsequently ordered by his successor to be divided into three portions, one to be allotted to claimant and rest to two other parties-Order passed by first Deputy Settlement Commissioner transferring entire house to claimant never specifically set aside-Order passed by succeeding Deputy Settlement Commissioner, in circumstances, an order passed on review-Such order of review being passed without obtaining permission of Additional Settlement Commissioner, held, a nullity in law and passed without jurisdiction. (b) Displaced Persons (Compensation and Rehabilitation) (Amendment) Ordinance (II of 1962), S. 7 [as inserted by Displaced Persons (Compensation and Rehabilitation) (Second Amendment) Ordinance (XIII of 1962), S. 2]-Proceedings deemed pending from date permission to review was sought and not from date such permission was communicated-Order granting permission to review actually signed before Ordinance II of 1962 came into force but communicated after its enforcement-Review made on basis of such permission, held, competent. Date of hearing : 3rd March 1970. JUDGMENT HAMOODUR RAHMAN, C. J.-The dispute in this case relates to house No. 563, Block No. 1, Maghiana, Jhang. It was in occupation of various displaced persons of whom the respondent No. 1, Mst. Jamila alone was a claimant.. The rest were non claimants. When Settlement operations started Mst. Jamila filed a C. H. Form but the others filed N. C. H. Forms.. On 18-12-1959 the Deputy Settlement Commissioner, Jhang transferred the entire property to her. Subsequently a successor Deputy Settlement Commissioner took the view that the house was divisible into three vertical portions and being under the impression that the application forms for the transfer of his house were yet un-disposed of, gave rooms Nos. 1, 2, 3 and 4 with the chaubara…