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

Section: 2(4)

(On appeal from the judgment and order of the High Court of Sind 8t Baluchistan, Karachi, dated the 14th September 1971, in Letters Patent Appeal No. 53 of 1965). Displaced Persons (Compensation .and Rehabilitation) Act (XXVIII of 1958), S. 2(4) read with Sched., Para. 1-Person in possession of an outhouse-Not entitled to claim transfer of house. Mst. Fazlun Nisa Begum v. Chief Settlement Commissioner 1972 S C M R 126 and Abdul Hamid Khan v. Settlement and Rehabilitation Commissioner P L D 1966 S C 719 ref. Date of hearing : 21st February 1972. JUDGMENT SALAHUDDIN AHMED, J.-The petitioners bad been in occupa tion of certain outhouses of the house in question and on the basis of such possession and of their C. H. Forms were allotted the said house. The allotment was, however, subsequently cancelled on the ground that on the basis of their possession of some outhouses of the house they were not entitled to claim transfer of the house. It has been contended on behalf of the petitioners that the learned Judges of the High Court failed to read the definition of `House' in section 2(4) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, together with paragraph 1 of the Schedule to the Act, and this failure has affected their decision. It is argued that reading the said two provisions together the petitioners are entitled to claim transfer of the house on the basis of their possession of the outhouses for there was no difference between the possession of a portion of the main…