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

Section: 2(4)

(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, dated 22nd December 1965, in Letters Patent Appeal No. 228 of 1966). Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2(4) & Sched. para. 1-Person in posses sion of a room in an outhouse of a building-Not entitled to claim transfer of building. Date of hearing : 24th March 1966. JUDGMENT FAZLE-AKBAR, J.-This petition for special leave to appeal is from an order of a Division Bench of the High Court of West Pakistan at Karachi summarily dismissing Letters Patent Appeal No. 228 of 1965. The dispute is with respect to a building situate on plot No. P. R. 2/3 at Saddar, Karachi which is an evacuee property. It consists of four tenements, two on the ground floor and two on the upper floor. There are also 12 servants quarters attached to this building. The petitioner Mst. Fazlun Nisa Begum, a claimant displaced person, who claimed to be in possession of a room in the servants quarters, filed a C. H. Form on 16th November 1959, for transfer of the house. A portion of the main building and the servants quarters were transferred to her on 9th January 1960, and a provisional transfer order was issued in her favour on 23rd February 1960. As later the Deputy Settlement Commissioner found that she was not in physical occupation of any part of the said building, he cancelled the previous order of transfer of the property in her favour. She then filed an appeal against the order of the Deputy Settlement Commissioner. In view of the definition of house, as given in section 2(4) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, the Additional Settlement Commis sioner held that the possession of an outhouse or a servant quarter would not create an entitlement for transfer of the main building. He accordingly dismissed her appeal and the said order was also upheld in revision by the Settlement, Commis sioner. A further revision to the Chief Settlement…