Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 2(2)

  Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 2(2)---Constitution of Pakistan (1973), Art. 199---Settlement Authority holding house in question, to be indivisible remanded case to Deputy Settlement Commissioner for transferring same to the party holding better entitlement over the house---Such order having not been challenged attained finality and question of divisibility was no more in issue---In post-remand proceedings Deputy Settlement Commissioner was to determine entitlement of parties which was dependent upon their possession over such property as on specified date viz. 20th December, 1958, or in any case on 3rd August 1960-- Deputy Settlement Commissioner, contrary to direction in remand proceedings his entire attention was focussed on the question as to who was in possession at the time when he decided case on 24th July 1976, which, however, was not conclusive---Deputy Settlement Commissioner's order being contrary to remand order was declared to be without lawful authority and of no legal effect---Case was remanded to Notified Officer for decision afresh in accordance with terms of remand order. Sh. Abdul Mannan for Petitioners. Maqbool Sadiq for Respondent No.1. Hamid Ali Mirza for Respondent No.2. Ch. Mumtaz Ahmad for Respondent No.3. Date of hearing: 9th September, 1991. JUDGMENT This unfortunate case has a chequered history and there has been various rounds of litigation between the parties. The dispute relates to a house bearing No.SXX-23-S-4, Canal Park, Lahore, 1 /2 of which was allotted to Dr. Ali Muhammad predecessor of the petitioner, while the other half was allotted to Fazal Karim sori of Ali Muhammad. The Deputy Settlement Commissioner, by means of his order dated 28th February, 1960 transferred this house to Khalifa Ali Muhammad, respondent No.1. This order was however, set aside by the Additional Settlement Commissioner, who instead transferred this property to Dr. Ali Muhammad. This order was maintained in revision by the Settlement Commissioner vide his order dated 26th April, 1962. However, the matter was remanded to the Deputy Settlement Commissioner by this Court in Writ Petition No.…