| Citation(s) |
|---|
| 1969 SLG 186 1969 SLD 186 1969 SCMR 976 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 500 of 1966, decision dated: 9th October 1967. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 14th July 1966, in Letters Patent Appeal No. 1057 of 1966)
S. A. RAHMAN, HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
Malik Saeed Hassan, Advocate Supreme Court instructed by Abdul Razzaque Raja, Attorney No. 2. Nemo No. 1.
Civil Petition for Special Leave to Appeal No. 500 of 1966, decision dated: 9th October 1967. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 14th July 1966, in Letters Patent Appeal No. 1057 of 1966)
S. A. RAHMAN, HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
Malik Saeed Hassan, Advocate Supreme Court instructed by Abdul Razzaque Raja, Attorney No. 2. Nemo No. 1.
F. A. SALEEM, P. C. S.
VS
THE CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER AND ANOTHER
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1950)-------S. 2 (3)-Word "property,"-Afeans immovable property-Person a local but at time of partition abandoning household goods in Gurdaspur (India)-Not a "displaced person'' within meaning of S. 2 (3). Petitioner in person. ORDER MUHAMMAD YAQUB ALI, J.-The petitioner's claim to the transfer of an evacuee bungalow situated in Lahore has been ruled out by the Settlement authorities on the finding that he is a local. Aggrieved by it he moved the High Court in writ jurisdiction for quashment of the orders of the Settlement authorities on the ground that as he had abandoned household goods in Gurdaspur (Punjab) India where he was posted as an Extra Assistant Commissioner in August 1947, he was within the Displaced Persons (Compensation and Rehabilitation) Act displaced person. The writ petition was dismissed by the High Court from which the petitioner seeks Special Leave to Appeal. It is admitted that the petitioner belongs to Pindi Bhattian, district Gujranwala, and as such he would be a local, but it is contended that since he was not able to "supervise" and "manage" his property in India he was within the purview of section 2 (3) of the Displaced Persons (Compensation and Rehabilitation) Act a displaced person. A `displaced person' is defined in section 2 (3) of the Act as follows:- "(3) Displaced person: means any person who on account of the setting up of the Dominions of Pakistan and India, or on account of civil disturbances or the fear of such…
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