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

Section: 4(3)

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVI1I of 1958) --S. 4(3)-Interpretation-Reference to Chief Settlement Commissioner under S. 4(3) can be exercised not only by Court or tribunal but by private individuals as well-Such individuals, however, must be: "persons interested"-"Persons interested", who are-Tenant in property, right of-Tenant or lessee has mere right to temporary use, of property and a right to remain in property in accordance with terms. of tenancy or lease-Right of tenant cannot be equated with right of an "owner" of property-Tenant has no right to stop landlord from transferring property nor can he impede change in legal character of property-Resolution of question whether property was attached to a charitable trust-Tenant in property has no right to challenge transfer by Settlement Authorities or have its character determined so long as his interest as tenant not affected-Nor is he competent to make a reference under S. 4(3). H, a displaced person and a claimant applied for the transfer of a property His application was rejected by the Deputy Settlement Commissioner on the: ground that it was an Evacuee Trust Property. His appeal and revision. were unsuccessful. He therefore, moved the High Court in writ petition and. the High Court declared the order of the Settlement Commissioner etc. to be without lawful authority and the case was remanded for reconsideration. On remand the Deputy Settlement Commissioner and the Additional Settlement Commissioner held that the property was not Evacuee Trust Property. P. T. O. in favour of H was issued. Against this order revision petitions were filed before the Settlement Commissioner by the Evacuee Trust Board and another person C who was a tenant. The Settlement Commissioner took note of the dictum of the Supreme Court in the case reported in P L D 1965 S C 356 on basis of which Memo. No. 295-L-1- Pol-63 dated 11-8-65 was issued. The Settlement Commissioner accordingly directed that no final order be passed till the character of the property was. adjudicated upon by a competent civil Court. The P. T. O. issued in favour of H was, however, directed to…