Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)----- S. 2 (4) --Constitution of Pakistan (1973), Art.185(3)--High Court's jurisdiction to hold property as divisible and transfer a portion of same to one of claimants- -Legality of--Petitioner challenged legality of impugned order of High Court on ground that High Court had no jurisdiction to hold property as divisible in violation of first proviso to S.2(4) of Displaced Persons (Compensation and Rehabilitation) Act, 1958 and further to transfer half portion to first respondent in violation of para.1 of Schedule of the Act--Petitioner's further submission was that second respondent had preferential claim as being a claimant displaced person and even though she had claimed for transfer of half portion of house yet was entitled to transfer of whole house as same was indivisible- -Leave to appeal was granted as these submissions required consideration. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- -----S 2(4)--Constitution of Pakistan (1973;, Art 185(3)--High Court's jurisdiction to hold property as divisible-- Supreme Court's interference when to be declined--High Court ordinarily has no jurisdiction to hold property as divisible when a proper order or conscious application, of mind by Settlement Authorities showed otherwise--In very exceptional cases, however . where orders impugned before High Court are demonstratively arbitrary and capricious, interference by High Court is not upset by Supreme Court in its appellate jurisdiction through grant of leave to appeal--Supreme Court will refrain to interfere when substantial justice has beer, dune in settlement cases notwithstanding the fact that impugned /order does not. satisfy Issue Of jurisdictional or other legal requirements--High Court having done substantial justice after careful, and exhaustive analysis of orders impugned before it, Supreme Court declined to interfere. ORDER MUHAMMAD AFZAL ZULLAH, J-- This appeal through leave of the Court is directed against judgment dated 19-8-1974 of the Lahore High Court; whereby, in an urban settlement matter involving division of, property, a constitutional…

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