Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--Ss. 10, 16 (1) (b) & Sched., para. 16-B---Division of house in question, into two units---Validity---Additional Settlement Commissioner on spot inspection found that house in question being a big mansion could be divided into two units---Such order was upheld by Settlement Commissioner---Another Settlement Commissioner in post-remand proceedings on spot inspection maintained the division made by his predecessor-in-office---Appellants could not point out that division of house into two units was arbitrary, capricious, fanciful or mala fide---High Court was right in refusing to disturb order of Additional Settlement Commissioner dividing the house in question into two units. Gladys M. Jaaob v. Chief Settlement Commissioner 1972 SCMR 688 and Azam Beg v. Abdul Hafeez, Deputy Settlement Commissioner 1970 SCMR 182 rel (b) Displaced Persons (Compensation and Rehabilitation) Act (XXV1II of 1958)--- ----S. 10---Allotment of house to claimants---Allottee having continued to remain in undisturbed possession of a portion of unit since 4-2-1948 (before any other claimant) was entitled to allotment thereof. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----S. 10---Constitution of Pakistan (1973), Art. 199---Constitutionl jurisdiction, exercise of---Finding of fact recorded by Settlement Commissioner that possession of allottee claimant was in point of time anterior to that of other claimants could not be interfered with in Constitutional jurisdiction--­Allotment of portion of house in favour of respondent was maintained in circumstances. JUDGMENT SAAD SAOOD JAN, J---These are three appeals by special leave from the judgment dated 28-5-1975 of the Lahore High Court whereby the Constitution petitions preferred by the appellants calling in question the legality of the order dated 31-8-1971 of the Settlement Commissioner were dismissed. 2. The dispute in these appeals relates to a big residential building, bearing No. S.I. 3- S.16, situate in Gandhi Square of Gawalmandi, Lahore. It has four storeys and about forty rooms. Immediately after Independence it was…

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