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

Section:

  Writ-(Error)-(Deputy Settlement Commissioner not condoning delay in applying for review in circumstances of case) (High Court directed that delay should have been condoned)- Constitution of Pakistan, 1956, Art. 170.   Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2 (6)-"Possession"-Includes constructive possession-Allottee in England; his mother and children in occu pation of house-Allottee regarded as in "possession"-[Brown v. Draper (1944) 1 K B Div. 309 ref.].   Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-Settlement Scheme No. I, para. 4-Withdrawal of application (C H Form) for transfer of house-Applicant not entitled to move fresh application.   Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-Settlement Scheme No. 1, para. 8-Transfer of house-(Several occupiers)-"Limited auction" not warranted by law-Order recognising "priorities" between applicants-Set aside. JUDGMENT   This judgment will dispose of Writ Petitions Nos. 553/1961, 79/1962, 81/1962 and 82/1962 as the points raised in them arise from a common order passed by the Chief Settlement Commis sioner in Revision No. CSC-R-570/61, CSC-R-571/61 and CSC-R/501/61, dated the 14th of October 1961. All the parties in some shape or the other are connected with the above mentioned writ petitions.   The dispute between the parties is in respect of a building bearing No. S.B. 2/96-VII-E-143, Soldier Bazar Karachi. It is a three-storeyed building having four tenements i.e. G/1, G/2, G/3 and G/4 on the ground floor, and two tene ments 1/1 and 1/2 on the first floor. Tenement No. 2/1 is on the second storey. G/2 is occupied by Mr. Muhammad Roshan, petitioner in W. P. 82/1962 ; 2/1 on the second storey is occupied by Mst. Bilquis Jahan Begum ; 1/2 on the first floor by Ibrahim Haji Abdullah, and G/1 by Abdus Saeed Qureshi, petitioner in W. P. No. 81/1962. Malik Rafiullah, petitioner . in W. P. No. 79/1962 is in occupation of tenement No. 1/1 on the first floor. The Deputy Settlement Commissioner by order dated the 2nd of December 1959, treated the whole building…