Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--S.2(2)---Constitution of Pakistan (1973), Art. 185(3)---Both parties being close relatives were residing in their respective portions for the last four decades---House in question consisted of two residential units as two self-­contained units---Order passed by Additional Settlement Commissioner on 18-7-1960 was correct and conducive to the object for which Settlement Laws were designed and same was restored---All orders passed after said order by Authorities as also by the High Court were set aisde---Settlement Authorities were directed to issue permanent transfer orders to the parties in accordance with directions of Additional Settlement Commissioner passed earlier on 18-7-1960. JUDGMENT NASIM HASAN SHAH, J.---This appeal, by leave of this Court, is directed against the judgment of the Lahore High Court dated 1-7-1979 whereby the case was remitted to the Settlement Commissioner to pass a fresh order of transfer with respect to an evacuee house situated in Doughlaspura, Faisalabad. 2. The relevant facts briefly stated are that the dispute relates to a single storeyed house in Doughlaspura, Faisalabad, which is in the possession of Sh. Fazal Hussain appellant and the heirs of Haji Habib Bakhsh (deceased). Both are displaced persons and applied for its transfer. 3. Protracted litigation ensued between the parties in the course of which both the parties agreed that the house was indivisible and had to go the party m prior possession. The case was remanded to the Settlement Commissioner by the High 'Court to determine this question. The learned Settlement Commissioner vide his order dated 21-12-1973 found the appellant to be in prior possession and ordered the transfer of the whole house in his favour. The respondents, therefore, again approached the High. Court by a writ petition and a learned Judge thereof again remanded the case for considering the question of divisibility observing inter alia-- "Leaving aside the tenuous finding that the respondent No.1 has been in prior possession the question which squarely arises in the case is that the petitioners and respondent who are claimant…

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