Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)

Section: 2(3)

Law: Civil Procedure Code (V of 1908)

Section: 114,117

  (a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of -1958)----   ----S. 2(3)-"Displaced person"-Person having temporary residence prior to Partition in territories now forming part of Bharat-Not invested with status of `displaced person.'   (b) Letters Patent (Lahore), Cl. 10 read with Civil Procedure Code (V of 1908)-----   ----Ss. 114 & 117 and O. XLVII--All provisions of C. P. C. except those specifically excluded by S. 117 thereof-- Applicable to orders passed by High Court including those passed in Letters Patent jurisdiction-Judgments passed by High Court in Letters Patent Appeal-Not immune from review under S. 114, C. P. C.   Chitaley's Commentary on S. 114, C. P. Code; p. 1507, Vol. II, Edn. 1963 and Jawala Prasad v. Jwala Bank Ltd. A I R 1961 All. 381 ref.     Dates of hearing: 14th January, 16th, 18th February 9th and 10th March 1965.     JUDGMENT   SAJJAD AHMAD, J.-It is necessary to state the following facts to explain this review application filed by the petitioner Muhammad Ishaq. The petitioner and the respondent Abdul Aziz were rival claimants for the transfer of property bearing No. P/17, Rail Bazar, Lyallpur, the former as claimant displaced person and the latter as a non-claimant displaced person. The Deputy Settlement Commissioner vide his order dated .the 21st of December 1959, held that this property, which is situated in a busy trade centre, consists of a shop on the ground floor and a chaubara on the first floor and that while the chaubara and a part of the shop were in occupation of Abdul Aziz, the remaining portion of the shop was in the possession of Muhammad Ishaq. He transferred the entire property in favour of Muhammad Ishaq as a shop with the following observations:-   "He (Abdul Aziz) is a non-claimant allottee. His allotment order does not bear the date on which the allotment was made in his favour. I am, therefore, convinced that he is a regular allottee (sic) of the shop in question. It is also clear that he was temporarily carrying on his business in India wherefrom he migrated to Pakistan on account of partition. As against…