Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----S. 2(2)-Constitution of Pakistan (1973), Art.185(3)---Evacuee property---Shop and residential area, divisibility of---Factual controversy---Dispute between the parties was regarding division of shop along with its residential portion---Physical inspection was carried out by Settlement Authorities on the basis of which they concluded that the property was not divisible---Validity---Factual aspect of the case could not be gone into by Supreme Court in its Constitutional jurisdiction---Petitioners could not be accommodated in the premises, as their predecessor-in-interest, who was one of the Directors of the firm issued with allotment letter, had sold his share to a limited company which was an independent entity---Merely being an old partnership' firm who sometime had obtained allotment letter from Custodian to occupy a shop, could not confer a right upon him/then---Petitioners failed to dislodge the findings of Settlement Authorities---Leave to appeal was refused. Mst. Fatima Begum v. The Chief Settlement and Rehabilitation Commissioner, Lahore and 3 others 1972 SCMR 302; Muhammad Iqbal Khan v. Chief Settlement Commissioner PLD 1965 SC 404; Abdul Majid Khan v. Chief Settlement Commissioner PLD 1968 SC 154 and Shah Jehan Begum v. Shabbir Fatima PLD 1991 SC 614 ref. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 2(2)---Chief Settlement Commissioner, Powers of---Delegatee officer---Commissioner (Revenue notified as Chief Settlement Commissioner---Validity---After remand of case, during its pendency, evacuee laws were repealed and for the purpose of pending cases, Provincial Government issued notifications from time to time, including one under which the Commissioner (Revenue) was appointed as Chief Settlement Commissioner---By dint of law if some change had occurred and the powers of Chief Settlement Commissioner were being exercised by a delegatee officer, it was ignorable accordingly. S.M. Naseem, Advocate Supreme Court and Walayat Umar Chaudhry, Advocate-on-Record for Petitioners. Ch. Aitezaz Ahsan, Senior Advocate Supreme Court and M.A.…

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