Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)----S.2(4), proviso --- Power under S.2(4), proviso to decide whether or not the house was divisible was to be through judicial exercise of mind --- Where the order of the Deputy Settlement Commissioner showed that judicial exercise of mind was not done at all when giving the finding that the house was not divisible, he failed to exercise a power vested in him and his order was without lawful authority. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---- S. 2(4), proviso --- Constitution of Pakistan (1973), Art. 199--- question of divisibility or non-divisibility of house --- Constitutional jurisdiction --- Held. instead of further prolonging the litigation the Courts exercising Constitutional jurisdiction may grant or withhold relief full or partial in exercise of discretion and/or in aid of justice at this stage of settlement operation which had almost concluded. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---This appeal through leave of the Court is directed against the dismissal by the High Court of appellant's Constitutional (Writ) Petition in an urban settlement case; whereby his claim for transfer of a part of the building in dispute which was in his possession on ground-floor, was finally rejected. Leave to appeal was granted on the facts and grounds noted as under:-- "The dispute in this case relates to the transfer of an evacuee double storeyed house consisting of rive rooms -situated in Tulamba Town, Tehsil Khanewal, District Multan. The first floor consisting of two rooms is in the occupation of Noor Muhammad (respondent herein), who is a claimant. The rest of the building consisting of three rooms and a courtyard on the ground-floor is in the occupation of Barkat Ali (petitioner herein) who is a non-claimant. Both had applied for the transfer of the house under the provisions of Displaced Persons (Compensation and Rehabilitation) Act, 1958, but these applications for transfer were dealt with rather haphazardly. We find from the record placed before us that in the first instance an order was passed by a Deputy Settlement Commissioner on 10-12-1959,…

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