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

Section: S.22

Displaced Persons (Compensation and Rehabilitation) Act (XXYIII of 1958), S.22-Finality of orders-Subject to provisions of Act-Order open to suo motu revision. Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), First Sch. para. 3 and Settlement Scheme No. 1, paras. 4 & 8 (2)-House consisting of two units - One unit in possession of "Claimant " and other in possession of "Non claimant"-Each entitled to transfer of unit in his possession "Claimant" cannot claim preferential right over "Non-claimant" and have whole house transferred to himself.   Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), --S. 4 first proviso-Deputy Settlement Commis sioner may declare that a house consists of several units, but a house consisting of several units may not be declared to be one house.   Writ-Finding of fact cannot be disturbed-High Court exercising writ jurisdiction cannot go into sufficiency or insuffi ciency of evidence - Constitution of Pakistan (1962), Art. 158. JUDGMENT   The petitioner prays that the order passed by the Additional Settlement Commissioner Mr. 1. .H. Zuberi on 25th April 1960 and the order passed by the Settlement and Rehabilitation Commissioner Mr. Hassan A. Shaikh on 24th May 1960, be quashed. The petitioner has further prayed for the issue of a writ of mandamus directing the respondents 2 and 3 not to pass any order in respect of the bungalow in dispute. The facts as disclosed in the petition are these :-   The bungalow known as Tirath House situated on Clayton Road, Karachi consists of two floors. The ground floor is in occupation of the respondent No. 1 since 1956 while the first floor is in occupation of the petitioner since 1953. The petitioner being a claimant displaced person and being in possession of the first floor as allottee applied in C. H. form on 13th July 1959, for the transfer of the portion in her possession. This was transferred to her on 21st September 1959. Subsequent to this transfer the definition of `house' was amended by Ordinance No. XLIII of 1959 which came into force on 28th September 1959, so as to entitle the…