Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 185(3)---Leave to appeal was granted to both contesting parties to examine correctness of the of High Court. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--S. 10---Allotment of house---Both parties claiming allotment ---Non-­allottees claiming allotment of house jointly with respondent, had themselves admitted in their Constitutional petition that respondent alone was paying rent of house in question and that same was being deducted from his pay-bill--­Settlement Authority had also noted such fact---Such an official act could not be treated as family arrangement to sustain the claim of allotment existing in the name of non-allottees---Allottee was, thus, proved to be the sole allottee of house in question in circumstances. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVI11 of 1958)--- ----S. 10---Allotment---Non-allottees living in house in question alongwith allottee on basis of relationship---Nature of possession of non-allottees---- Non-­allottees who were enjoying property in view of their relationship with allottee, could not be treated equally as allottees of portion in their possession so as to exclude and oust possession of allottee---Such possession could not be either undisputed, or as allottee, so as to entitle non-allottees to compete with allottee. (d) Displaced Persons (Compensation and Rehabilitation) Act (XXVI11 of 1958)-- ----S. 10---Constitution of Pakistan (1973), Art. 185---Allotment of house in favour of allottee by Settlement authorities---High Court creating fife interest of non-allottees in such property on basis of supposed agreement of transferee of premises to surrender specific portion and creation of life interest in favour of non-allottee ladies---No such agreement was recorded or appeared to be in writing in order to determine its limits and conditions on which such a concession was made---Such an agreement even if 'in existence being clearly against law as the Displaced Persons (Compensation and Rehabilitation) Act, 1958 did not envisage creation of life interest could not be sustained. A.R. Khan v. P.N. Goga through Legal Heirs PLD…

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