Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII. of 1958)--- ----Ss. 10 & 11---Constitution of Pakistan (1973), Art. 199---Evacuee property---Shops on ground floor and residential portion of property, whether divisible or indivisible---Evidence on record indicated that shops in question had separate access for they abutted on the road side, and were being used independently since long being occupied by the petitioner---Residential portion allotted to respondent was quite an independent unit---Documents produced by petitioner fortified the correctness of orders passed by Deputy Settlement Commissioner and Additional Settlement Commissioner holding that premises in question, were divisible---Other material on record including report of spot inspection by Settlement Officials established that premises were divisible--­Order passed by Settlement Commissioner in revision, which had been impugned, was based upon the same reasons whereupon his earlier orders had been based and had been set aside in earlier rounds of litigation by the High Court---There was absolutely no fresh material on record nor any such material had been taken into consideration by Settlement Commissioner for coming to conclusion that premises in question, was not divisible---Shops in question, although part of the main house, yet divisibility or otherwise of a composite building had to be adjudged from the attending circumstances which proved that shops were divisible portion of the house.--Orders passed by subordinate Settlement Authorities advanced the purpose of legislation regarding rehabilitation of refugees and thus, statutory and primary beneficiaries (petitioners) could not have been deprived of property in question, by Settlement Commissioner merely on basis of conjectures and surmises--­Impugned order being arbitrary and capricious was set aside in circumstances. Muhammad Zahoor and another v. Lal Muhammad and 2 others 1988 SCMR 322 and Allah Bakhsh and another v. Muhammad Ishaq and another PLD 1984 SC 47 Mangat Ali v. Chief Settlement and Rehabilitation Commissioner, West Pakistan and another PLD 1969 Lah 204 and Muhammad Yusuf v. The Chief Settlement and…

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