| Citation(s) |
|---|
| 1975 SLG 3006 = 1975 SLD 3006 = 1975 SCMR 24 |
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. 6-P and 8-P of 1974, decided on 25th April 1974.
Hamoodur Rahman, C. J. and Salahuddin Ahmed, J
Karimullah Khan Durrani, Advocate Supreme Court instructed by M. Qas1m Imam, Advocate-on-Record (in both the Petitions). Nemo for
Respondents (in both the Petitions).
Civil Petitions for Special Leave to Appeal Nos. 6-P and 8-P of 1974, decided on 25th April 1974.
Hamoodur Rahman, C. J. and Salahuddin Ahmed, J
Karimullah Khan Durrani, Advocate Supreme Court instructed by M. Qas1m Imam, Advocate-on-Record (in both the Petitions). Nemo for
Respondents (in both the Petitions).
Civil Petition No. 6-P of 1974 AHMAD JAMAL-----Petitioner
VERSUS
NAZIR AHMAD KHAN AND OTHERS----Respondents Civil Petition No. 8-P of 1974 GUL JAMAL---Petitioner versus NAZIR AHMAD KHAN AND OTHERS----Respondents
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section: 2(4), 19
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Ss. 2(4) & 19-Divisibility of house-Material existing on record sufficient to decide question of divisibility-Settlement authority need not necessarily inspect premises in such cases. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Ss. 2(4) & 19-Every evacuee residential premises--To be treated as one house unless divided by Settlement authority-Settlement authorities declaring house to be indivisible-Question cannot be reopened in writ jurisdiction. (a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Ss. 2(4) & 19 read with Chief Settlement Commissioner's Memo. No. 7355- PL-REH/60 dated 2nd March 1960-House cannot be divided merely for purpose of accommodating a local. Sarwar Khan v. Chief Settlement Commissioner P L D 1973 S C 210 ref. (d) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched., Part I-Petitioners found not entitled to transfer of house-Have no locus standi to object to its transfer to other person. Date of hearing : 25th April 1974. JUDGMENT HAMOODUR RAHMAN, C. J.----The petitioners in these two petitions are son and father respectively., The respondents are the same in both cases. The dispute relates to an evacuee property in Mohallah Jewan Mal, Peshawar City, originally belonging to one F. D. Khanna. Since it belonged to one evacuee owner, it was treated by the Custodian Department as one house and assessed as such, but was for the sake of convenience, it is said, given two numbers, namely, 26-K and 27-K. The whole premises were allotted to Gul Jamal, the petitioner in petition No. 8-P, who claims that by subsequent family arrangement he occupied the portion 27-K and his son Ahmad Jamal, who was being brought up by his maternal uncle, possessed portion 26-K. According to the petitioners, the…