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

Section: I

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1956), Sched., Part I-House declared divisible and transferred to two persons A and B-Question of demarcation decided by Settlement Authorities on basis of evidence produced by A alone and not given any opportunity of hearing-- Demarcation of boundaries, In circumstance, held, not proper-- Case remanded and Settlement Authorities directed to demarcate boundaries after granting opportunity of hearing to both A and B. Dates of hearing : 20th, 21st and 26th October 1971.                                                                                                                JUDGMENT JAVID IQBAL, J.-These two Letters Petent Appeals Nos. 1.146 of 1966, filed by Dr. Abdur Rauf against the Settlement Commis sioner, Lahore, etc. and 1166 of 1966, filed by Mr. N. M. Khan against Dr. Abdur Rauf, etc. have a background, familiarity with which is necessary bet-ore proceeding with these appeals. 2. The background is that two houses bearing Nos. 45 and 47, Empress Road, Lahore. which are contiguous to each other, were allotted to Mr. N. M. Khan and Dr. Abdur Rauf, respectively, by the Settlement Authorities. House No. 45 was allotted to Mr. N. M. Khan on the 13th of October 1953, on a temporary basis, whereas the allotment of house No. 47 was made in favour of Dr. Abdur Rauf some time in 1955. 3. Subsequently on the 14th of July 195, Mrs. N. M. Khan who had a verified claim in her name, submitted a C H form for the transfer of house No. 45 to her which was in her possession on the basis of an allotment order in favour of her husband. On the 21st of July 1959, Mr. N. M. Khan also submitted a form in respect of the same house for its transfer to him as a claimant in possession in his own right. 4. For the transfer of house No. 47 an NCH form was submitted by Dr. Abdur Rauf, a non-claimant displaced person, on the basis of his…