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

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),   S. 3(1), (3)-Evacuee property acquired by Central Government under S. 3-Words in subsection (1) : "for any of the purposes of this Act", and in subsection (3) : "vest wholly and absolutely in the Central Government free from all encumb rances"-Such property not exempt from provisions of West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 3 and West Pakistan Government Notification No. HG-10-2/59, dated 12-3-1959, Gazette, Extraordinary, dated 16-3-1959.   Held, that the West Pakistan Urban Rent Restriction Ordinance, 1959 is not rendered inapplicable to the property acquired under section 3 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 and that persons to whom pro visional transfers of such property have been made, are not prevented from instituting and prosecuting proceedings under that Ordinance against the tenants of those properties.   The contention of the appellant's counsel was that since the property (shop) acquired under section 3, Displaced Persons (Compensation and Rehabilitation) Act, 1958, "vested wholly and absolutely" in the Central Government, and since, by reason of the Notification No. HG-10-2/59, dated 12-3-1959, (West Pakistan Gazette, Extraordinary, dated 16-3-1959), property "vested" in the Central Government was exempt from the pro visions of the West Pakistan Urban Rent Restriction Ordinance, 1959 by virtue of section 3 of the Ordinance, the appellant could not be evicted from the shop by proceedings taken under section 13 of the Ordinance.   Held, (Per Qadeeruddin Ahmad, J., Manzoor Qadir, C. J. and Muhammad Yaqub Ali, J. agreeing) that the argument was fallacious because it does not take into consideration the limita tion that has been imposed by subsection (1) of section 3 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 on the title of the Central Government to the property acquired by it under that section. The words "for any of the purposes of this Act", which occur in…