Law:

Section:

(a) Constitution of Pakistan (1973)--------Art. 185 (3)-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-Transfer of evacuee property-Leave to appeal granted to examine whether High Court correctly assumed transfer of property to both contesting parties on basis of division thereof. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- -- S. 10 & Sched --Transfer of evacuee house after division-­-Divisibility of house-Order of Settlement Commissioner transferring house to "its occupants according to their possession" clearly signifying conscious division of property in accordance with possession of parties-Held, neither arbitrary nor against any law or principle. Talib Haider Rizvi, Senior Advocate Supreme Court and S. Ali Imam Naqvi, Advocate-on-Record for Appellants. Respondents: Ex parte. Date of hearing: 3rd May, 1983. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-This appeal through special leave by this Court is directed against the judgment, dated 23rd February, 1973 of the Lahore High Court, whereby petitioners Letters Patent Appeal arising out of an Urban Settlement Case was dismissed. Leave was granted to examine the question whether the High Court correctly assumed the transfer of the property, in this case to both the contesting parties, as one on the basis of division thereof. The property in dispute is a house. Its ground floor was at the relevant time in possession of Muhammad Ibrahim the predecessor-in-interest of the appellants, while the first floor was in possession of father of Syed Hussain Ahmed Shah respondent. After two rounds of litigation a Settlement Commissioner in his order, dated 15th November, 1963 transferred the ground floor to Muhammad Ibrahim and the first floor to the respondent with the following observation:- "The question is whether the house is divisible or not. Considering that both the occupants are claimants, I am inclined to hold that the order of D. S. C., Lahore, dated 1-7-1961 transferring the building to its occupants according to their possession should be restored. The result is that the order of the learned Additional Settlement Commissioner . . . . is set aside and that…

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