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

Section: 2(4),19,20,31(3)

Law: Constitution of Pakistan, 1962

Section: 98

Law: Civil Procedure Code (V of 1908)

Section: 100

  Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss. 2(4), first proviso, 19 & 20 read with S. 31(3) [as inserted by Displaced Persons Laws Amendment Ordinance (XVIII of 1965)]-Mere fact that house consists of two residential units Each portion cannot be considered to be independent house unless so directed by Chief Settlement Commissioner--Deputy Settle ment Commissioner, exercising delegated powers of Chief Settlement Commissioner under S. 2(4), first proviso, dividing property into two houses-Order open to incidents of appeal and revision by higher authorities.   Fateh Muhammad v. Maula Bakhsh P L D 1963 S C. 311 and Altaf Hussain v. Chief Settlement Commissioner P L D. 1965 S C 68 ref.   Constitution of Pakistan (1962), Art. 98-Finding of fact Fallacious method of appreciating finding-Merely an error in recording a finding-Interference with such finding not justified unless mistake material-Civil Procedure Code (V of 1908), S. 100.   Date of hearing: 8th November of 1965.   JUDGMENT.   This is a petition under Article 98 of the Constitution -asking for a declaration that the order of the Chief Settlement Com missioner dated the 7tb of August 1962 whereby he set aside the order of the Settlement Commissioner and transferred property No. 8 Panjmahal Road Lahore, to respondent, Riazul Haq, was without lawful- authority.   2. The facts of the case are that the petitioner and the respondent No. 2 both are claimants and applied for the transfer of 8-Panjmahal Road, Lahore, respondent No. 2 occupied the premises by an allotment order dated the 12th of October 1950, Ch. Abdul Hamid, the son of the petitioner, was allotted a portion of the same on the 20th of December 1952. The petitioner applied for the transfer of the house on account of the possession of his son and the respondent applied for the transfer of the premises in his own right. The fact that the respondent is a senior allottee is not denied. The Deputy Settlement Commissioner by his order dated the 6th of January 1959 transferred the entire premises as one House to the respondent. In appeal filed by Ch. Muhammad Ibrahim, the petitioner,…