Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----Sched., Part I. & S. 2(6)-Person a regular allottee of house on retirement from Government service requesting Rehabilitation Department for change of allotment in favour of his son-Change of allotment, held, only nominal and it could not be said that thereafter person ceased to be in possession of house. Ghazanfar Ali Gondal, Advocate Supreme Court instructed by Syed Wajid Hussain, Senior Attorney for Petitioner. Khawaja Shaukat Ali, Advocate Supreme Court instructed by Khalil-ur-Rahman Chaudhri, Attorney for Respondents Nos. 1 to 5. Nemo, for Respondent No. 6. Date of hearing : 11th October 1967. ORDER MUHAMMAD YAQUB ALI, J.---The dispute is in relation to the transfer of a house situated in Lahore under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The Chief Settlement Commissioner found the house to be indivisible and transferred it to Mohammad Akbar, respondent, on the finding that he was a prior allottee and was in possession of the major portion of the house. The petitioner assailed the order in the High Court under Article 98 of the Constitution on the plea that as a direct allottee he had preference over Mohammad Akbar who had applied for transfer on the basis of the possession of his son Abdul Hayee, respondent. The writ petition failed and the order was maintained on appeal by the Letters Patent Bench from which the petitioner seeks special leave to appeal. It has been found that Mohammad Akbar was allotted the whole house in September…

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