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

Section: 2(6)

(On appeal from the judgment and order of the former High Court of West Pakistan, Lahore, dated the 24th October 1966, in L. P. A. No. 1099 of 1966). Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),. Sched., Part I & S. 2(6)-Two persons C and M in possession of property-House transferred to M in preference to C who was alleged to have had no allotment order in his favour-Settlement Authorities failing to consider C's entitlement on basis of his undisputed possession in light of extended meaning given to "possession" by notification dated 13-10-59-Order of transfer in favour of M set aside and Settlement Authorities directed to decide whether C or M was in prior possession of house. Date of hearing : 1st March 1972. JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the former High Court of West Pakistan, Lahore, dated the 24th October 1966, in Letters Patent Appeal No. 1099 of 1966. By this judgment, the appeal of the appellant was dismissed and the transfer of the property in dispute in favour of the respondent No. I was upheld. The dispute between the parties is in respect of a small house No: 132-8-8, Balakot Street, Nisbat Road, Lahore. The appellant and the respondent are in possession of the said house. Appellant Chiragh Din, respondent Mst. Amir-un-Nisa and one Muhammad Shafi applied for its transfer. The Deputy Settlement Commis sioner, by order dated the 5th December 1959, transferred the property in dispute to the respondent. The appellant challenged this order before the Additional Settlement Commissioner, which was dismissed on the 7th January 1960. He held that the appellant did not have any allotment order. A review petition was also moved before the Additional Settlement Commissioner which was also dismissed. The appellant then filed a revision petition before the Settlement Commissioner which was dismissed on the 9th May 1960 on the ground that he was a non-allottee. A second revision petition was filed under clause (2) of section 20 which was dismissed by the Chief Settlement Commissioner on the 10th October 1960. The appellant then filed a review petition…