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

Section: 10

  Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----S. 10---Settlement Scheme No.I---Constitution of Pakistan (1973), Art.199--Constitutional jurisdiction, exercise of---Finding recorded by Authorities that house in dispute was indivisible unit, being finding of fact, same could not be re opened in Constitutional jurisdiction by High Court. Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----S. 10---Settlement Scheme No.I---Constitution of Pakistan (1973), Art.199--Constitutional jurisdiction, exercise of---Settlement Authorities while following previous departmental practice decided to transfer property in dispute to respondent on basis of his occupying the major portion of the house which was found to be indivisible---No exception could be taken in Constitutional jurisdiction to such transfer. Ch. Muhammad Anwar on behalf of Riazul Hassan Gillani for Petitioner. Ch. Inayat Ullah for Respondent No.l. Muhammad Hussain Shah for Respondent No.2. Date of hearing: 10th May, 1989. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, calls in question order dated 28-6-1976 passed by the Settlement Commissioner, Lahore Division, Lahore, whereby house No.253 Block No.10, Jhang Saddar, was transferred to Muhammad Hanif respondent No.2 The dispute in this case relates to house No.253, Block No.10, Jhang Saddar, which was in possession of Muhammad Hanif respondent No.2 and one Taj Muhammad, who is not a party to these proceedings since 1952. Taj Muhammad was a non-claimant displaced person. He, however, instead of filing NCH Form filed CH form on   15-7-1959 for transfer of the disputed house. Respondent No.2 also filed NCH Form on 26-4-1960. The Deputy Settlement Commissioner, Jhang, by order dated 14-6-1960, transferred the entire disputed house to said Taj Muhammad on the ground that Muhammad Hanif respondent No.2 herein, filed a defective form. The said Taj Muhammad associated with Muhammad Ali petitioner herein, and as a result of agreement executed between the parties the house was transferred to the petitioner. Respondent No.2 fled an appeal which was…