Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--Sched., para. 8 read with Settlement Scheme No. I, paras. 5(d) & 8, second proviso-Transfer of evacuee property-Eacb one of claimants­ applying separately for transfer of shops and such shops not treated as one unit by any Settlement authority-Deputy Settlement Commissioner also not appearing to have applied his mind to second proviso of para. 8 of scheme-Deputy Settlement Commissioner in jointly transferring two shops to appellant and respondents, in circumstances, held, acted beyond letter of law, his order could not be regarded as final in absence of being appealed against and consequently Settlement Commissioner entitled to re-open question of transfer afresh. (b) Evidence Act (1 of 1872)­ ----S. 115 - Estoppel - Parties agreeing to their entitlement being decided by lots-No exception, held, could be taken to such agreement and parties bound on principle of estoppel inter partes.--[Estoppel]. Ghulam Mohi-ud-Din v. Chief Settlement Commissioner P L D 1964 S C 829 and South American & Mexican Company Ex parte Bank of England (1895)1 Ch. D 37 ref. JUDGMENT MUHAMMAD HALEEM, ACTG. C. J.-This appeal, by special leave, arises from the judgment of the Lahore High Court, Lahore, dated 24th of Novem­ber, 1974, by which L. P. A. No. 755 of 1966, was allowed and the order of the Settlement and Rehabilitation Commissioner, Rawalpindi, upheld. The facts which have given rise to this appeal are that the appellant and his deceased brother, Wali Muhammad, who is now represented by his legal representatives, respondents 1 to 3 herein were claimant displaced persons and they were jointly transferred two shops bearing Nos. 133-A and 133-C in Sargodha City by the Deputy Settlement Commissioner, Sargodha. Both were in joint possession of these shops and had separately and applied for their transfer. Shop No. 133-A was divided privately by them and there is no dispute about it. As the appellant was in possession of an area approximately 25 sq. ft. in excess of his share, Wali Muhammad applied to the Deputy Settlement Commissioner for apportioning the price of shop No. 133-C, who by his order…

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