Law:

Section:

(a) Constitution of Pakistan (1973)-Art. 185(3) read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10 & Sched.-Transfer of house-Exclusive discretion of Settlement Authorities exercised in holding that house in dispute was divisible and that two rooms transferred to petitioner constituted a separate, independent and divisible unit although a part of big house initially in possession of different families-Leave to appeal-Granted by Supreme Court to examine whether High Court was not right in interfering with such discretion. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- -- S.,10 & Sched.-Claimant filing C. H. Form but abandoning case by participating in earmarking scheme-Claim reasserted by application after about ten months-No delayed C. H. Form shown to have been filed at time when property sought to be transferred had not already been transferred-Limitation with regard to date or time by . which application should he made relevant only in context of availability of property-House in dispute transferred to applicant because of his being declared successful lottery winner for another house---Held, such ground made basis by Settlement Commissioner for transfer of House was extraneous to scheme of settlement and transfer. Altaf Hussain etc. v. Chief Settlement Commissioner P L D 1965 S C 68 ; Khuda Bakhsh v. Chief Settlement Commissioner P L D 1976 S C 687 ; Azizur Rahman v. Habib Bano P L D 1972 S C 52 ; Asghar Hussain v. A. H. Hamid Musa 1968 S C M R 475 ; Rashid Ahmad v. Settlement Commissioner 1970 S C M R 278 and Khalil Ahmad v. Settlement & Rehabilitation Commissioner P L D 1965 Lab. 384 ref. (c) Constitution of Pakistan (1973)- Art. 199 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10 & Sched.-Writ jurisdiction Question of divisibility of house at no stage tackled with directness and definiteness-No defect indicated in order holding portion of house in dispute to be indivisible unit-Settlement Commissioner without adverting to and deciding problem ordering Deputy Settlement Commissioner to issue Appendix for such portion-Chief…

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