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

Section:

  Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2 (2), (3)-Claimant-Who has exhausted his claim in getting transfer of property-Does not cease to be claimant so as to be deprived of advantage of Act.   Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched. para. 1-When claimant can take advantage of possession of his parent, son, daughter or spouse.   Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2(6) and Sched. paras. 1, 2 & 3 "Possession"-Notification No. F. 1., (2)/59-SI, dated 13th October 1959 (Gazette Extraordinary, 26th October 1959)-possession by allotment and possession under Notification-No difference for purpose of transfer of house-Preferential claim to be found out by application of Sched. paras. 1, 2, 3 of Act-Prior possession to be preferred-Claimant to be preferred to non-claimant though holding allotment order-Para. 1 contemplates only one claimant Several non-claimants in possession of house, and parents or spouse claimants-House cannot be transferred to claimants-Claimant in possession of part of house-Other person in possession claiming through parent, son etc.-Claimant entitled to transfer.   JUDGMENT   INAMULLAH, J.-The following questions have been referred for the decision of the Full Bench :-   Whether a claimant who has exhausted her claim can be considered to be aclaimant displaced person within the meaning of section 2 (2) and (3) of the Displaced Persons Compensation Act to take advantage of the benefits arising out of the Displaced Persons Compensation Act ?   Whether for the purposes of the provisos to clause 1 of the Schedule to theDisplaced Persons (Compensation and Rehabilitation) Act a claimant can take advantage of the physical possession of his parent, son, daughter or spouse against a, competitor ; and   Whether the concession of Notification No. F. I., (27)/59-SI, dated the 13thof October 1959, reproduced below, is meant for a person in physical possession before the 21st day of December 1958, against a person holding allotment of a part of the property No. F. I., (27)/59-SI, 13th…