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

Section: 1

  Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)  Sched., para. 1-Third floor of building transferred to A but B putting up structure on roof of third floor unauthorisedly-Mere non-mention of roof in P. T. D. specifically no ground for holding that roof did not go with main building-Staircase leading to roof forming part of premises transferred to A ; B having no right to use staircase-Transfer of portion of premises occupied by B in his favour by settlement authority, held, based on complete misconception of case, hence set aside. Date of hearing : 8th September 1973.                                                                                                                                  ORDER HAMOODUR RAHMAN, C. J.-The dispute in this case relates to a con struction on the roof of an evacuee house bearing Custodian No. LLL-B-73 A, known as Hotumull Dwarkadas building, situated at Teerathdas Street, Karachi. This building, which is a four-storey building, was transferred to the first three respondents herein and the permanent transfer deeds were issued in their favour on the 26th of March 1962. According to the Custodian's record, there was no construction on the roof of the third floor, but the petitioner, it appears, had unauthorisedly put up a temporary structure thereon and was occupying the same. The respondent No. 3, who had been transferred the third floor of the building, served a notice upon the petitioner on the 20th of January 1952 for vacating the roof on the ground that he was an unauthorised occupant. The petitioner replied to the said notice and maintained that he had become a tenant of all the joint owners (transferees) and that he was prepared to pay rent to all of them. Thereafter, on the 24th of March 1962, the petitioner entered into a rent agreement with respondent No. 3 and…