| Citation(s) |
|---|
| 1966 SLG 5136 = 1966 SLD 5136 = 1966 PLD 204 |
Lahore High Court
Writ Petition No. 1493/R of 1962, decided on 29th November 1965.
Presented By: Muhammad Fazle Ghani, J
Saeed Akhtar for Petitioner. Major Ishaq Muhammad Khan, S. C. (L) for
Respondent No. 1. Nemo for
Respondent 2.
Writ Petition No. 1493/R of 1962, decided on 29th November 1965.
Presented By: Muhammad Fazle Ghani, J
Saeed Akhtar for Petitioner. Major Ishaq Muhammad Khan, S. C. (L) for
Respondent No. 1. Nemo for
Respondent 2.
MUHAMMAD HUSSAIN----Petitioner
VERSUS
(1) CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER, AND (2) MUHAMMAD IBRAHIM----Respondents
Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
Section: 1,16(1)
Law: Displaced Persons (Land Settlement) Act, 1958
Section: 2 (3)
Law: West Pakistan Rehabilitation and Settlement Scheme
Section: 42
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958); Schedule, para. 1-(Transfer of house)-Number of house as originally transferred different from number as subsequently entered in P. T. O.-Difference immaterial so long as dispute between rival parties relates to "same" house. The house in dispute was originally transferred as property No. S. W. 101-R-41 but subsequently it was amended and the P. T. O. was issued for property No. S. W. 101-R-35-A. It was alleged that the Deputy Settlement Commissioner acted illegally in changing the number of the property: Held, that the difference of property number was of no consequence for the decision of the case. Both the parties had been contesting for the transfer of incomplete bungalow situate in an area of 2 kanals 3 marlas 117 sq. feet in specific locality and whether it bore one number or the other was immaterial. The claim of one party was that the said property stood trans ferred in his favour as a part and parcel of the area of 12 kanals 11 marlas 17 sq. feet of urban agricultural land under paragraph 42 of the West Pakistan Rehabilitation Settlement Scheme, 1957, while the same had been transferred to the other party on evalua tion basis under Displaced Persons (Compensation and Rehabilita tion) Act of 1958]. Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 2 (3) - "Land" Entered as "sakni" in revenue records of 1944-45, 1947, 1951-52 but described as "barani" and "chahi" in 1960-61-Allottee not producing original allotment order, nor khasra girdawari from 1947 up to date-"Sakni" land not allot-able as "agricultural land" under Displaced Persons (Land Settlement) Act, 1958-Inference drawn (in circumstances of case) that allottee was able to get classification of land changed in Jamabandi of 1960-61 "with fraudulent object", viz. to get land allotted permanently under Displaced Persons (Land Settlement) Act, 1958. …