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

Section: 12(2), 2(1)

(a) Displaced Persons(Compensation and Rehabilitation) Act (XXVIII of 1958)   S. 12(2) read with S. 2(1), Displaced Persons (Application for Compensation) Rules, 1959, r. 7 and Registration of Claims (Displaced Persons) Act (II1 of 1956), S. 2(3)Filing of claim. by a displaced person amounted only to assertion of a right to ownership of, or right in, property treated as evacuee propertyEntitlement of displaced person to apply for transfer of evacuee property in his possession on basis of Compensation BookDoes not mean that such person possesses a vested right to transfer of particular property in compensation poolPrinciples involved . in a "choseinaction" or in an "incorporeal. right"Held, not attracted in case of a Compensation Book which does not relate to anything tangible or specificCompensation Book cannot, therefore, be made subjectmatter of gift.[Gift]. Sh. Rehmat Ullah v. The Deputy Settlement Commissioner, Centre A, Karachi and others P L D 1963 S C 633 and Messrs S. Ali Bakhsh & Sons v. Additional Settlement Commissioner and 'another P L D 1968 Lab. 1227 not approved. Syed Abdur Rashid v. Pakistan through The Secretary, Ministry Refugees and Rehabilitation, Karachi and others P L D 1962 S C42 and Mian RafiudDin and 6 others v. The Chief Settlement and Rehabilitation Commissioner and 2 others P L D 1971 S C 252 rel. (b) Muhammadan Law  Hiba (gift)DefinitionHiba means transfer of right of property in substance by one person to another without considerationConditions to be fulfilled in order to make a gift valid. Syed Ameer Ali on Muhammadan Law, 1976 Edn., Vol. I ; Principles of Mohammadan Law by D. F. Mulla, 1975 Edn. ; Hedaya by Hamilton ; IbniKamal on FathulKadir ; Kifaya on "debt" and Mohammadan Law by Mulla, 1976 Edn., para. 144 ref. (c) Words and phrases "Chose in action""Incorporeal right"Definitions. Wharton's Law Lexicon, 14th Edn., p. 471, para. 190 and Stroud's Judicial Dictionary, Vol. 1, 1952 Edn. ref. .. Date of hearing : 5th April, 1980.                                  …