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

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)----   ---- S. 2 (3)-"Displaced person" -- Definition "Place of residence" - Means permanent or quasi-permanent residence -Property of person resident in territory outside India must have been in existence at time of coming into force of Act-Writ Finding of fact (arrived at by Settlement Officers) when may be disturbed in exercise of writ jurisdiction.   The words "place of residence" occurring in the definition of "displaced person" as given in section 2 (3), Displaced Persons (Compensation and Rehabilitation) Act, 1958, mean permanent or quasi-permanent residence.   Imdad Ali Malik v. The Settlement Commissioner (Policy), Lahore P L D 1962 Lah. 502 ref.   The other part of the definition, viz. that relating, to a person resident in territory outside India contemplates that the property in question should be in existence in India at the time the Act was enacted and does not refer to property which may have existed in the past.   The High Court will not interfere with a finding of fact arrived at by the Settlement. Authorities, unless it be shown that it is the result of misreading of evidence or is based on no evidence whatsoever.   A person owning hotels in Murree (Pakistan) and Gulmerg (Occupied Kashmir), and Srinagar (Occupied Kashmir), having her permanent residence in Rawalpindi, and going to Kashmir to manage her hotels in Gulmerg and Srinagar but returning to Rawalpindi for the winter was not a "Displaced person" since she was already a permanent resident of Rawalpindi on the relevant date and had not been displaced from Srinagar for the reasons given in the definition, her subsequent return to Rawalpindi and residence therein does not confer 16e status of a displaced person on her. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---   ------ S. 2 (3)-"Displaced person"-Nationality of such person not "directly relevant" in so far as first part of definition is concerned.   (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of…