Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- Sched , pare. 1, Second proviso--Person obtaining prior possession of property even though shown as joint allottee-Has preferential right to its transfer. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- -- Sched., para. 1, Second proviso-Words and phrases-Word "possession"--Does rot mean dwelling alone --Dwelling in house--Not teat of possession-Person exercising physical control' over house such as by keeping his goods in a portion of such house-Held, must be regarded as being in possession of house. Reg. vs. St. Pancras a Q B D 581 and Rex v. Melladew (1907)1 IC B 192 ref. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- - Sched., para. 1, Second proviso read with Chief Settlement Commissioner's Instructions in memo. No. Comp. Reh/59/5242, para. 5, dated 22-10-1959-Joint transfer--Appellant prior allottee and in continuous possession of disputed house and such house indivisible-Joint transfer of such house in favour of appellant and another, held, violative of provision contained in para. 1 of Schedule-Memorandum of Chief Settlement Commissioner dated 22-10-1959-Permits joint transfer in case claimant agrees to associate with another claimant in occupation of same premises-No agreement of association between appellant and other transferee existing. joint transfer of house between such two persons, held, devoid of legal validity nor could such transfer be justified under any other provisions of law. Abdur Rasheed, Senior Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri Advocate-on-Record, for Respondent. Sh. Abdus Rasheed, Senior Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record. for Appellant. M. Afzal Lone, Advocate (absent) and Abdul Karim Advocate-on-Record for Respondent No. 1. Respondents Nos. 2 and 3: Ex parts. Date of hearing: 21st February, 1977. JUDGMENT MUHAMMAD HALEEM J.-The dispute in this appeal relates to the transfer of House No. 137, Ward No. 6-7, situated in Serai Bhabran, Bahawalpur City. The contestants for the transfer of the disputed house were the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492