Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 10

Law: Constitution of Pakistan, 1973

Section: 185(3)

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--   ---S.10--Constitution of Pakistan (1973), Art. 185(3)--Evacuee property, transfer of--Preferential right of claimant--Composite evacuee property consisting of shop and Chaubara--Non-claimant petitioner allottee of shop and claimant/ respondent occupying Chaubara--Property treated by Settlement authorities as .one unit and transferred to respondent--Order impugned--Held: If property was not held to be divisible by competent Settlement Authorities, conflicting claims for transfer between a non-claimant and claimant will be decided on the preferential right of claimant--High, Court having proceeded on correct premises, impugned order, held, was unexceptionable--Leave to appeal refused.   ORDER ZAFFAR HUSSAIN MIRZA, J.--The dispute in this case is over a composite property consisting of a shop and a Chaubara. The petitioner claimed transfer of the property on the basis of his being allottee of the shop, whereas the rival claim set up by respondent No.2 was based on his possession of the Chaubara. It is common ground that the petitioner was a non-claimant and respondent No.2 was a claimant. 2. The contest between the parties has a chequered history but it is only necessary to mention that in the hierarchy of the Settlement Authorities the controversy between the parties ended with the order of the Settlement Commissioner dated 28th November, 1973, whereby the entire property was treated as one unit and transferred to respondent No.2. The petitioner having unsuccessfully challenged the order in a constitutional petition before the Lahore High Court, Lahore, seeks leave to appeal from the judgment of the High Court dated 29th March, 1987. 3. It is mainly contended by the learned counsel that respondent No.2 could not be transferred two units, one a commercial and the other a residential unit as it is against the policy of the law underlying the Settlement Scheme. He further submitted that as respondent No.2 was non-allottee, the principle of superiority of a claimant over a non-claimant was not properly invoked in this case. 4. After hearing the learned counsel at some length we…

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