(a) Displaced Persons(Compensation and Rehabilitation) Act (XXVIII of 1958)---- S. 12(2) read with S. 2(1), Displaced Persons (Application for Compensation) Rules, 1959, r. 7 and Registration of Claims (Displaced Persons) Act (III of 1956), S. 2(3)-Filing of claim. by a displaced person amounted only to assertion of a right to ownership of, or right in, property treated as evacuee property--Entitlement of displaced person to apply for transfer of evacuee property in his possession on basis of Compensation Book-Does not mean that such person possesses a vested right to transfer of particular property in compensation pool-Principles involved . in a "chose-in-action" or in an "incorporeal. right"-Held, not attracted in case of a Compensation Book which does not relate to anything tangible or specific-Compensation Book cannot, therefore, be made subject-matter of gift.-[Gift]. Sh. Rehmat Ullah v. The Deputy Settlement Commissioner, Centre A, Karachi and others P L D 1963 S C 633 and Messrs S. Ali Bakhsh & Sons v. Additional Settlement Commissioner and 'another P L D 1968 Lab. 1227 not approved. Syed Abdur Rashid v. Pakistan through The Secretary, Ministry Refugees and Rehabilitation, Karachi and others P L D 1962 S C-42 and Mian Rafi-udDin and 6 others v. The Chief Settlement and Rehabilitation Commissioner and 2 others P L D 1971 S C 252 rel. (b) Muhammadan Law-- --- Hiba (gift)-Definition-Hiba means transfer of right of property in substance by one person to another without consideration-Conditions to be fulfilled in order to make a gift valid. Syed Ameer Ali on Muhammadan Law, 1976 Edn., Vol. I ; Principles of Mohammadan Law by D. F. Mulla, 1975 Edn. ; Hedaya by Hamilton ; Ibni-Kamal on Fath-ul-Kadir ; Kifaya on "debt" and Mohammadan Law by Mulla, 1976 Edn., para. 144 ref. (c) Words and phrases- "Chose in action"-"Incorporeal right"-Definitions. Wharton's Law Lexicon, 14th Edn., p. 471, para. 190 and Stroud's Judicial Dictionary, Vol. 1, 1952 Edn. ref. JUDGMENT The validity of the order dated 31-12-1964, passed by the Claims Commissioner in exercise of his revisional jurisdiction has been challenged through this writ petition. The learned Claims Commissioner…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register