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

Section: S. 20 (2)

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----   ---S. 20 (2) - Petitioner getting by transfer half portion of shop by Deputy Settlement Commissioner, holding shop divisible into two parts-Order upheld, in appeal and first revision by petitioner-Chief Settlement Commissioner in second revision also upholding order but at same time transferring whole shop to other party-Order, held, without jurisdiction.   JUDGMENT   The dispute relates to Shop No. 380, Tehsil Bazar, Bahawal nagar. It was transferred by the Deputy Settlement Commissioner by his order dated the 8th of February 1960 in equal shares to the petitioner and Sher Muhammad respondent. The petitioner filed an appeal against this order claiming that the whole of the shop should have been transferred to her. This appeal was dismissed on the 15th of September 1960, by the Additional Settlement Commissioner. The petitioner challenged this order by means of a revision but the Settlement and Rehabilitation Commissioner by his order dated the 27th of February 1961, dismissed the same. The petitioner filed a second revision against this order and pressed her claim to the entire shop. This second revision petition was decided by the Settlement and Rehabilitation Commissioner with the powers of the Chief Settlement Commissioner on the 24th of February 1960. Curiously enough, the Settlement and Rehabilita tion Commissioner not only dismissed her revision petition but further ordered that the half shop which had been transferred to the petitioner by the Deputy Settlement Commissioner and which order had become final, set aside the transfer and directed that the whole of the shop be transferred to Sher Muhammad, respondent. This writ petition is directed against the order of the Chief Settlement Commissioner.   The learned counsel for the petitioner has challenged the order on two grounds.Firstly, that the Chief Settlement Commissioner in exercise of his revisional powers under section 20 (2) could have amended the order passed by the Settle ment Commissioner on the 27th of February 1961, which was the order impugned before him. That the respondent was satisfied with…