Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----S. 10 & Sched.---Constitution of Pakistan (1973), Art. 185 (3)---Leave to appeal was granted to consider, whether on the facts of the case, respondents who were transferees of single room on one of the shops in question, could be entitled to the transfer of roofs of all the adjoining shops; and whether in the circumstances of case P.T.D. could have been amended. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--S. 10 & Sched.---Transfer of roof of entire building to transferee of one room---Validity---Roof of entire building was transferred to respondent on the ground that he must have been using roof of all the ground floor though unauthorisedly since 1951---Such reasoning for the allotment of entire roof of the building was not a sufficient reason warranting transfer of same--­; Settlement Authority, without having recorded a< fndi4g of fact that one room (allotted to respondent) and the roof of the entire building constituted one unit r under evacuee laws, could not transfer roof of entire building to, respondents I on the basis of the unauthorised use thereof by them---Original P.T.D. did not include roof of the building or the fact that respondents had paid price a thereof---Subsequent amendment of P.T.D. the effect of which was to transfer roof, even without charging price was not warranted by law--­Respondents were thus, not entitled to transfer roof of entire building. Abdul Majid and another v. Settlement Commissioner, Sargodha Division, Lyallpur and 4 others 1977 SCMR 353 and Nazir and others v. Syed Israr Ahmad and others 1981 SCMR 829 rel. JUDGMENT AJMAL MIAN, J.---The above two appeals are with the leave of this Court and are directed against the common judgment dated 18-4-1979 passed by a learned single Judge of the High Court of Sindh in Constitutional petitions Nos.409 and 468 of 1969 filed by the appellants against the order of the Settlement Commissioner dated 23-5-1969; dismissing the same and maintaining the latter order. Leave was granted to consider, whether on the facts of the present case, the respondents who were…

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