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

Section: 2(12)

  Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S, 2(12), second proviso-Words "such building or premises " Contention that power given by second proviso to S. 2(12) available only in case of evacuee "business premises" of any value in urban area or of value of Rs.10,000 or more in rural area-Held, not acceptable when for number of years Settlement Authorities had never adopted such interpretation. Date of hearing : 8th October 1973.                                                                                                                            JUDGMENT HAMOODUR RAHMAN, C. J.-The dispute in this case relates to house No. 40, Ward No. 1, Mandir Gali, Lyallpur. It is a double-storied building which was used for residential purposes by its evacuee owner ; but after Independence one room on the ground floor, which was originally used as a baithak, began to be used as a shop. The Rehabilitation Authorities allotted the whole house including the baithak to one Abdul Rashid in 1945, but in 1951 the residential portion was allotted to the petitioner, and on the 30th of October 1953, the baithak, treating it as a shop, was allotted jointly to Abdul Rashid, the respondent Abdul Ghafur and one Aziz Din. When settlement operations started, Sadiq who was a claimant applied for the transfer of the whole house. Mst. Ghulam Fatima wife of Aziz Din, who was also a claimant, applied for the transfer of the shop (baithak) on the basis of the possession of her son Abdul Ghafur. The Deputy Settlement Commissioner transferred the whole house to Sadiq. Ghafur and Aziz Din who were not claimants and had not applied for the transfer of the shop went up in appeal, but this was rejected by the Additional Settlement Commis sioner on the 9th of February 1960. In the revision, however, the Settlement Commissioner on the 20th…