Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)

Section: 2(4)

Law: Constitution of Pakistan, 1962

Section: 98

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2(4), first proviso and Sch. para. 1-House consisting of two residential units-Treating whole house as one or dividing it into two for purpose of transfer-Discretion of Settlement Authorities-House treated as indivisible by Settlement Authorities despite fact that same was capable of division into more than one unit-High Court, in writ jurisdiction, not competent to substitute its own opinion for that of Settlement Authorities Constitution of Pakistan (1962), Art. 98.   Ch. Altaf Hussain and two others v. Shabbir Hussain and others P L D 1961 Lah. 449 considered.   Chief Settlement Commissioner v. Ch. Altaf Hussain P L D 1962 Lah. 189; Ch. Altaf Hussain and others v. Chief Settlement Commissioner and others P L D 1965 S C 68 and Muhammad Iqbal Khan v. The Chief Settlement and Rehabilitation Commissioner and another P L D 1963 Lah. l 1 ref.   Muhammad     Iqbal     Khan     v.     The     Chief    Settlement Commissioner P L D 1965 S C 404 distinguished.   Dates of hearing: 13th and 14th December 1965.   JUDGMENT   The dispute in this case concerns House No. 2-S-17/18 situated in Block No. 13 of Sargodha Town. The petitioner H. N. Khanum is in possession of some rooms on the ground floor where two rooms were also in possession of one Mushtaq Ahmad who is no longer in the picture. The respondent Rao Ihsan Ali Khan is in possession of the entire first-floor as well as two rooms on the ground floor. It is stated that he has also now taken possession of the rooms vacated by Mushtaq Ahmad. When the Settlement operations started the petitioner submitted an NCH form, whereas the respondent submitted a CH form for the transfer of the house. The Deputy Settlement Commissioner by his order dated the 22nd of December 1959 transferred the whole house to the respondent Rao Ihsan Ali Khan on the ground that the house was indivisible and a claimant had to have preference over a non-claimant. The petitioner thereupon preferred an appeal which was, however, dismissed by the Additional…