Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)----- ------S. 29-"Order of ejectment"-Person in Posses­sion protected against order passed only by Rehabilitation authority. In the entire context of the Displaced Persons (Compensation: and Rehabilitation) Act, 1958, the expression "order of ejectment." clearly indicates that the person in possession is protected against only an order passed by an authority having the power to make it in respect of evacuee property. Such an order under the evacuee laws can be passed only by Rehabilitation authority in respect or an evacuee property. Where, therefore, a person, in possession of an evacuee house who was a mere licensee of the allottee of the house was asked by the latter to vacate the house, it was contended that the house being an evacuee property the allottee had no power to require him to. vacate the house in view of the provisions of section 29 of the Displaced Persons (Compensation and Rehabilita­tion) Act, 1958. Held, that the dispute, being exclusively between him and the allottee of the house had. nothing whatever to do with the manage­ment of evacuee property, he was not entitled to invoke in his favour any provision either of the Displaced Persons Act or of ally other evacuee law. ORDER Admittedly the house in question was allotted to, or placed at the disposal of, the respondent No. 1, Commander, Military Engineer Services, Lahore Cantonment, by the Rehabilitation Department. The respondent No. I permitted the petitioner, an officer in the Engineering Services under the respondent, and another military officer to occupy, each, a half portion of the said house. The petitioner has now resigned from military service and has been asked by the first respondent to vacate the portion of the house in his occupation. The petitioner contends that the house being an evacuee property the first respondent has no power to require him to vacate the house in view of the provisions of section 29 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, I have little doubt in my mind that the position taken up by the petitioner is wholly misconceived. Section 29 of the Displaced…

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