Law:

Section:

(a) Constitution of Pakistan (1962), Art. 63-Binding nature of decision-Prospective and not retrospective-Question of law decided by Supreme Curt-Decision does not render void of its own force all relevant orders of Courts or tribunals made in light of earlier interpretations-Interpretation of statutes. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2(4) read with S. 31(3) [as amended by Displaced Persons Laws Amendment Ordinance (XVIII of 1965), S. 3 & Sch.]-Effect-Divisibility or otherwise of house­ Cannot be challenged under Art. 98, Constitution of Pakistan (1962). The effect of the validation clause in section 3 of the Displaced Persons Laws Amendment Ordinance, 1965 was clearly to oblige all Courts before which any order of the relevant kind was brought up for examination to assume for the purposes of its decision that the order at the time when it was made was one that was subject to the provisions of Chapter VI. That obligation applies to the Supreme Court, notwithstanding the contrary view expressed in Jalal Din's case P L D 1965 S C 261 on pure construction of the relevant provision. The precise effect of this Ordinance may be set out as follows. The first proviso to section 2(4) of the Displaced .Persons (Compensation and Rehabilitation) Act, 1958 had the effect that a house notwithstanding that it was occupied in parts by several persons, was nevertheless to be treated for Settlement purposes as a single residential unit unless the Chief Settlement Commissioner made an order to the effect that it was divisible. The power of the Chief Settlement Commissioner which he defog aced to the subordinate Settlement authorities was therefore a power of declaring a single house occupied in parts to be composed of more than one residential units. Any order by an authority subordinate to the Chief Settlement Commissioner which bad the effect of treating such a house as a single unit would therefore not be an order made in the exercise of the special power conferred upon the Chief Settlement Commissioner by the first proviso to section 2 (4) and that would be equally true of any such order made by a subordinate Settlement…

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