Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958)--- S. 2 (4), Settlement Scheme No. I, para. 19 read with para. 1 (3) and Chief Settlement Commissioner's Memo. No. 301-P1/Reh/60, dated 19-t-1960, paras. 2(2), (3) & 3 (i) as modified by Instructions dated I1-3-1961-"House"-Definition-Transferee of house-Held, entitled to purchase only an area equal to three times plinth area of such house in accordance with prescribed procedure contained in valid and legal Instructions issued by Chief Settlement Commissioner-Held further, para. 19. read with para. 1 (3) of Settlement Scheme No. I was repugnant to provisions of Act-No interference with Order of Chief Settlement Commissioner as upheld by High Court called for.[Words and phrases]. Khan Tufail Muhammad Khan v. Abdul Hamid etc. P L D 1967 Lah. 1058 approved. Muhammad Matin Mirza v. Jehangir R. Rustomji and another P L D 1980 S C 64 ref. JUDGMENT NASIM HASAN SHAH, J.-This judgment will dispose of both the above appeals, as the question falling for determination in both of them is the same. The question is whether a transferee of a house under the Displaced Persons (Compensation & Rehabilitation) Act, 1958 (hereinafter called an Act) is entitled to purchase the area in excess of three times the plinth area under paragraph 19 read with clause (3) . of paragraph 1 of Settlement Scheme No. I framed thereunder. This question arises in the following circumstances; The appellants in both the appeals have respectively been transferred evacuee houses in Faisalabad. There are large tracts of open land attached with each of the said houses. The house transferred to Muhammad Bashir (appellant in Civil Appeal No. 163 of 1972), namely, Bungalow No. 145, Ward No. 10, Civil Lines, Lyallpur is in an area of 21 kanals 8 marlas and 214 sq. ft. and he has already been transferred alongwith the bungalow three times its plinth area as also some additional area permissible under Memo. No. 301-PI-Reh/60 dated 19-1-1560 issued by the Chief Settlement Commissioner (on the subject of the disposal of the area of the gardens and grounds attached or appurtenant to the house under the second proviso of section 2 (4)…

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