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

Section: 2(4),1,10(b),20

Law: Constitution of Pakistan, 1962

Section: 98

  (a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----   - S. 2(4) & Sch. Part 1 - House - Includes outhouses-Person in possession of outhouse only-Not entitled to transfer of main building.   It is the residential premises which constitutes the house for the purposes of the Displaced Person (Compensation and Rehabili tation) Act, 1958 and the possession of which would entitle the person (in such possession) to apply for the transfer of the house. The residential premises would thus include the various appendages and notwithstanding the fact that some of these may be in possession of some other person, the residential premises would still be the house which would be the subject-matter of transfer to the person who would be in its possession. The only exception is contained in the second proviso, to section 2 (4) of the Act whereby the gardens or the grounds attached to a house can be separated from it if the area thereof exceeds three tunes the plinth area of the house. What will be separated will he the area in excess of this three-fourth. Apart from the effect of the second proviso the outhouse and Garages, etc. must go with the residential premises for the purposes of transfer. It cannot therefore, by any rules of interpretation be held that a person in occupation of an outhouse, a garage, a part of the garden or a part of the ground, all of which are appendages to the house, can be said to be in possession of the house itself. Such a person, therefore, is not entitled to the transfer of the main building of which the outhouse forms only a part.   Writ Petition No. 34 of 1963 (unreported) ref.   (b) Displaced Persons (Compensation and Rehabilitation) Act (XX VIII of 1958)-- ---   ------, Ss. 10(b) & 20 and Sch. Part 1-House, transfer of Settlement Commissioner not competent to pass any order of transfer in favour of informant under para. 9 of Notification No. S. R. O. 824 (K)/61, dated 1-9-61 in suo motu revision.   Muhammad Siddiq and others v. The Chief Settlement Commissioner P L D.1965 S C 123 ref.   (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---…