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

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----   --- S. 2 and First Sch., Para. 1-Mortgagee with possession of evacuee property letting out property to another Mortgagee, in spite of not being in actual possession of property, deemed to be in possession-Person in actual possession of premises as tenant cannot have a better right to transfer of property than mortgagee who put him into possession as tenant.     JUDGMENT   This petition, which was presented on the 8th of May 1962, by Syed Muhammad Munir Shah, a resident of Kunj, District Abbottabad, seeks a writ which would make ineffective the order passed by Malik Fateh Khan, Settlement and Rehabilitation Commissioner, with powers of the Chief Settlement and Rehabili tation Commissioner, Pakistan, dated the 28th of February 1961, which was to the effect that the house in dispute should be trans ferred to Mst. Akbar Jan who held a charge on the property. This order of Malik Fateh Khan modified the order of Mir Ajam Khan, Settlement and Rehabilitation Commissioner, Peshawar who had directed that the house be put to auction and had thereby modified the order of Mr. Muhammad Alam Khan. Additional Settlement and Rehabilitation Commissioner, Peshawar, Camp Abbottabad, who had confirmed the order of the Deputy Settlement Commissioner, Hazara, passed on the 16th of September 1960, whereby the house in dispute was directed to be transferred to Syed Muhammad Munir Shah. The order of the Deputy Settlement Commissioner, Hazara, purported to confirm that of the Assistant Settlement Commissioner, Abbott abad, passed on the 23rd of August 1960, but it appears to me that the Assistant Settlement Commissioner had merely made a report and had passed no orders, but whether the Assistant Settlement Commissioner had sent up a report or passed an order is not very material.   The relevant facts may be briefly stated. Mst. Akbar Jan, who is respondent No. 1 inthis petition, held a mortgage with possession for Rs. 1,500 in the house in dispute. Syed Muhammad Munir Shah took this house on rent from one Muhammad Shafi who claimed to be the owner of the house. When the matter of…