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

Section: 20

(On appeal from the judgment and order of the Lahore High Court, Lahore, dated the 24th October 1972, in Writ Petition No. 547-R of 1965). (a) Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958), First Sched., para. 1-House, transfer of Petitioner, a non-claimant, if not local-Claimant, held, rightly given preference over such non-claimant in transfer of house, house being indivisible. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 20-Revision-View taken by subordinate authorities on question of divisibility of house-Open to correction in revision by Settlement Commissioner-Such officer not required to pay personal visit to spot if question of divisibility could be decided by examining plan of property-Settlement Commissioner having given cogent reasons for holding property indivisible, viz. property has only one exit-Petition for leave to appeal dismissed. Date of hearing : 13th March 1973.                                                                                                                           ORDER ANWARUL HAQ, J.-This petition for special leave to appeal is directed against an order made by a learned Single Judge of the Lahore High Court on the 24th of October 1972, whereby a constitution petition filed by the petitioners in respect of the transfer of an evacuee house bearing No. 7178 situate in Ward No. 6/M, Mohallah Aghapura in Multan Town, was dismissed. The relevant facts are that the house in dispute has been in the possession of the petitioners as well as respondent No. 3, Muhammad Abdullah. The petitioners allege that they sent N. C. H. forms for the transfer of y the house by post to the-settle ment authorities, but the forms are not available on the depart mental record. Respondent No. 3, a claimant displaced person, applied on form C H. At one time the house was placed on the…