Law:

Section:

(a) Settlement Scheme'No.VIII-------Para. 7---Constitution of Pakistan (1962), Art. 98---Both appellant and respondent were claimants---Appellant's C.H. Form had not been considered earlier for disposal---Settlement Authorities allotted whole property to respondent---Held, it was obligatory upon Settlement Authorities to have considered the claim of appellant on merits in juxtaposition with that of respondent's particularly, when appellant's C.H. Form had not been earlier considered and disposed of on account of act or omission by Court, quasi-judicial Tribunal or even Administrative Authority---No party could be made to suffer in any manner by any act or omission of Court or Tribunal. [pp. 1869, 1870] A & B (b) Displaced Persons (Compensation and Rehabilitation Act (XXVIII of 1958)--- ----S. 2(6)---"Possession"---Definition---Possession as visualised by law and defined would mean only the possession which was obtained in pursuance of allotment order issued by Competent Authority---Definition, however, would not cover possession of person which was not in his own right but being relatives of other person who was allottee of property. ---[Words and phrases]. [p. 1871] C (c) Settlement Scheme No.VIII--- ----Para. 7---Application for only part of property---Effect---Person applying only for a part of house could not claim the transfer of entire house. [p. 1871] D (d) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----Preamble---Settlement Scheme No.VIII, para. 7---Letters Patent Appeal--­Speciality of evacuee and rehabilitation legislation---Object and scope---Evacuee and Rehabilitation Legislation was of an extremely special character which was to be construed not so much on considerations that would weigh with Court of law but also on consideration of policy---Legislation was intended to meet the complex and confusing situation regarding settlement of large number of refugees---Workable and equitable solution of disputes having its own peculiarities particularly, when parties had been litigating for the last 38 years was desired---High, Court in Letters Patent Appeal directed the Court to decide the dispute keeping in view the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492