Law:

Section:

Settlement Scheme No. VII [As amended] Para. 3-Word "occupation"-Transfer of evacuee property-Person in actual occupation of property not occupying property in his own right but as tenant of another-Latter and not former to be treated as in occupation for purpose of transfer. Once it is conceded that the applicant was a person in possession within -the contemplation of the Act and she had inducted respondents as tenants under her. the occupation of the latter is as a matter of fact occupation of former. How can they be allowed to turn round and deny the title of their landlady. Their occupation was evidently not in their own right but on account of the rights that the applicant had. For this reason it was held that where a person in actual occupation of the property is not in occupation in his own right but as a tenant of another person, the latter and not the former shall be treated to be in occupation for the purposes of transfer of evacuee property under Settlement Scheme No. VII. Sayed Akhlaque Hussain v. Habib Ismail Bajwa and others P L D 1969 Lah. 563; Ratilal Bros. v. Tie Government of Mysore and others A I R 1951 Mys. 66; Paltu v. Joti Prasad A I R 1958 All. 544: Upper Ganges Sugar Mills Ltd. v. Khalilur Rehman and others; Syed Mohammad Munir Shah ,v. Mst. Akbar Jan and others P L D 1963 Lah. 59; 4gha Shaukat .4l1 v. Settlement an I Rehabilitation Commissioner, Lahore and another P L D 1965 Lah. 445 and Cantonment Board, Ambla Cantonment v. Dipak Parkash and others A I R 1963 S C 963 ref. Date of hearing: 30th April 1975.                                                                                                                                JUDGMENT ABDUL HAKEEM KHAN. J.-----By his order dated 24th September 1968, ,the Settlement Commissioner dismissed the Revision Petition filed by Mohammad Ayub and Mohammad Yunas who…