Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---S. 20--Settlement Commissioner on case being remanded to him by High Court, holding auctioned shop having consisted of one room alone and such finding upheld by High Court-High Court's order, held, unexceptionable and not liable to be interfered with. ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal is sought from the judgment dated 5-9-1974 of the Lahore High Court, whereby a writ petition arising out of a case relating to disposal of property under the Displaced Persons (Compensation and Rehabilitation) Act, 1958, was dismissed. Muhammad Nasib, respondent No. 1, a displaced person, was to possession of a composite property which was being used for residential as well as commercial purposes. He applied for the transfer of the same, but later on made a statement that he would not seek the transfer of that part of the property which was described as shop. The shop was accordingly put to auction. The petitioner was successful bidder. The shop was trans­ferred to him. It is not denied that Muhammad Nasib respondent was in possession of the entire property including the shop, which is now the subject­matter of dispute. The petitioner claims to have served a notice on the said respondent under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, regarding the transfer of the shop to him, whereafter a dispute arose as to whether the shop transferred to the petitioner consisted of one or two rooms. The respondent's case was that it was a one-room shop while the petitioner asserted that it consisted of two rooms. The Settlement Authorities decided the controversy in favour of the petitioner. Muhammad Nasib filed a writ petition in the High Court, which was allowed on 18-6-1973, The case was remanded to the Settlement Commissioner deciding the matter after hearing the parties, as it was found that in the order then impugned before the High Court there was no application of mind. The Settlement Commissioner, after remand, passed an order on 2-11-1978, this time holding that the shop which was auctioned in favour of the petitioner consisted of one room only. The petitioner then…

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