Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S. 10 & Sched. I Transfer of one evacuee property to various claimants Supreme Court does not interfere with mode of division of property especially when order impugned neither arbitrary nor fanciful or capricious. Muhammad Yusaf v. The Chief Settlement Commissioner P L D 1968 S C 101 ; Ali Muhammad and another v. Raja Muhammad Ziaullah and 3 others 1972 S C M R 299 ; Habibullah v. Settlement Commissioner, Rawalpindi 1978 S C M R 277 ; Abdul MaJid v. Chief Settlement Commissioner and others P L D 1967 S C 437 and Siddiq Ahmad v. Abdul Ghafar and another 1974 S C M R 180 ref. ORDER KARAM ELAHEE CHAUHAN, J. It is not necessary to go into the lengthy details of this case or the litigation through which it passed and for the purpose of present order, it is sufficient to state that the dispute herein pertains to division of property no. S 49 R/66, situated in Chamberlane Road, Lahore. The learn .d Deputy Settlement Commissioner in his order dated, 26 2 1976, took notice of the accommodation available in this property as also of the relevant portion which was in possession of various parties. As there were various applicants to the claim the Iran leer of this property, the learned Deputy Settlement Commissioner divided it in the manner laid down in paragraph 11 of his order, which reads as follows;-- "Keeping all the facts and reasons in view and appreciating the claim of each patty and the accommodation in possession of each party as welt as the divisibility of property, the transfer of the double shop, residential flats above this shop and the residential portion situated at the back in the street is ordered as under : --- (1) The double shop and the residential flat on the first floor above this shop is transferred to Mst. Hanifa Begum and other successors of Atta Muhammad Ghaznavi; (2) The residential flats situated on the 2nd, 3rd and 4th floors above the double shop are transferred to Shahzada Muhammad Hussain and his four associatees, namely, Muhammad Yaqub, Abdus Salam, Abdul Khaliq and Mst. Maryam Bibi. (3) The residential portion at the backside situated in the street is…

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