| Citation(s) |
|---|
| 1963 SLG 3499 = 1963 SLD 3499 = 1963 PLD 927 |
Sindh High Court
Writ Petition No. 223 of 1961, decided on 19th/29th April 1963.
Presented By: Masud Ahmad and Ilahi Bakhsh Khamisani, JJ
S. A. Nusrat for Petitioner. A.-A. G., Akhtar Mahmood and Muzaffar for
Respondents. Dates of hearing: 18th, 26th, 28th and 29th March 1963.
Writ Petition No. 223 of 1961, decided on 19th/29th April 1963.
Presented By: Masud Ahmad and Ilahi Bakhsh Khamisani, JJ
S. A. Nusrat for Petitioner. A.-A. G., Akhtar Mahmood and Muzaffar for
Respondents. Dates of hearing: 18th, 26th, 28th and 29th March 1963.
RIAZ HUSSAIN SHAH-Petitioner
VERSUS
CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER, SETTLEMENT COMMISSIONER, KARACHI, MRs. ANWARI BEGUM, S. M. ZAKIR, AND (5) NAWAB HUSSAIN-Respondents
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section:
Writ-Petition - (New plea)-Point not raised before Settlement Authorities-Allowed to be raised, being pure question of law-(Plea that person in possession has a preferential right as against one claiming "indirectly" through son, daughter or spouse)-Plea same but based on different ground-Not a new plea-Plea not available before-Not barred-[Haji Ghulam Nabi v. Settlement and Rehabilitation Commissioner, Karachi and others P L D 1962 Kar. 786 considered ; Chief Settlement Commissioner v. Ch. Altaf Hussain and others P L D 1962 Lah. 189 and Ch. Altaf Hussain v. Shabir Hussain and others P L D 1961 Lah. 449 ref.] Displaced Persons (Compensation and Rehabilitation) Act (XXVII of 1958),Sch., para. 1-Applicant for transfer of house claiming through allotment in husband's favour cannot have benefit of husband's possession "in presence of other applicants" [Altaf Hussain v. Shabir Hussain P L D 1961 Lah. 449 and The Chief Settlement Commissioner v. Ch. Altaf Hussain and others P L D 1962 Lah. 189 rel.]. Displaced Persons (Compensation and Rehabilitation) Act (XXVIII 1958), S. 2 (6)-("Possession")-Applicant having no locus stands on date of application but entitled to apply after amendment of definition of "possession"-Fresh application for transfer not necessary. Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2 (6)-Notification dated 13th October 1959-Allottee in possession has preferential right to transfer as against an applicant (wife) claiming through husband's allotment, provided house is indivisible. Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2 (6), second proviso-Press Note dated 7th March 1960-Whether based on order "in writing" (Quaere) Press Note has retrospective effect in regard to applications not "finally" disposed of. (f ) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2 (4)-Divisibility of house-Powers to determine delegated to Deputy Settlement Commissioner, etc., by Chief Settlement Commissioner-Decision of Deputy Settlement Commissioner becomes…