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

Section: S. 2 (6)

  Displaced -Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),S. 2 (6) proviso second-Persons deemed to be in "possession"-Conditions to be fulfilled for taking advantage of proviso-Allottee for whose benefit no ejectment proceedings had -been ordered by Rehabilitation Authority-Does not fall within scope of concession of proviso second-Notification No. F. 3 (3)/ 60/SI, published in Gazette of Pakistan dated 11th August, 1960 and reproduced in Manual of Settlement, p. 163Word "and" occurring after "Authority" [in the first line of Settlement Manual at page 164]-Cannot be read as "or".   Maxwell : Interpretation of Statutes 5th Edn.; p. 386 ref.   Constitution of Pakistan (1956), Art. 170-Case must fail or succeed on its own strength and not on weakness of opponents' case. JUDGMENT   ORTCHESON, J.-This is a petition by Begum Zeb-un-Nisa Kureshy wife of Mr. S. A. Kureshy, Cantonment Executive Officer, Nowshera, against the Chief Settlement and Rehabilita tion Commissioner, Pakistan, Lahore, as respondent No. 1, and Lt.-Colonel Noor Elahi, C. E. M. E., Headquarters 7th Division, Peshawar Cantonment, as respondent No. 2, for the issue of "a writ of certiorari or mandamus or any other appropriate writ or order". More specifically it is prayed that the orders of the Chief Settlement and Rehabilitation Commissioner dated the 4th of February 1961, of the Settlement and Rehabilitation Commissioner, Peshawar, dated the 25th of April 1960 and of the Additional Settlement and Rehabilitation Commissioner, Peshawar, be quashed and the property in dispute, a bungalow described as No. 54, The Mall, Peshawar Cantonment, be trans ferred to the petitioner. Although she has not given the date of the order of the Additional Settlement Commissioner above refer red to, a copy has been placed on the record as Annexure `E', which shows it to have been passed on the 15th of March 1960.   The facts as alleged by the petitioner are that the bunga low in `dispute which wasevacuee property, was allotted to Mr. S. A. Kureshy, husband of the petitioner, by the Station Headquarters, Peshawar, vide…