Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (X XVIII of 1958)-----Sched., Part 1-House transferred by Deputy Settlement Commissioner as one unit and P. T. O. issued to transferee-Settlement Commissioner thereafter receiving complaint from several occupants of premises (none of them applicant for transfer of any portion) that house consisted of number of independent units-Settlement Commissioner making spot inspection and observing "building contained 12 independent units" cancelled P. T. O. of transferee-Held: Settlement Commissioner although of opinion that "house consisted of 12 independent units" had not clear v indicated his intention to divide the house-Case, in circumstances, remanded back to Settlement Commissioner for recording a clear finding and disposal accordingly. Fakhruddin Advocate Supreme Court instructed by Salahud­din, Attorney for Appellants. Saeed A. Sheikh, Advocate Supreme Court (no Attorney with him as the Attorney on record had died) for Respondent. Date of hearing : 20th May 1969. JUDGMENT ABDUS SATTAR, J.-This appeal by special leave is directed against the judgment and order of a Division Bench of to High Court of West Pakistan, Karachi, dismissing a Letters Patent Appeal, preferred against the judgment and order of a learned Single Judge whereby he accepted in part a writ petition, filed by the predecessor of the present appellants. Saleh Mohammad, the predecessor of the present appellant applied in C. S. form for the transfer of premises No. GK-7/101 Atma Ram Road, Karachi, on the basis of his possession of .a portion of the building through his son-in-law. The Deputy ­Settlement Commissioner, treating the building as one unit transferred it to Saleh Muhammad on the 30th May 1960. 11-6-1960, a P. T. O., in respect of the whole building, issued in the name of Saleh Muhammad. The Karachi Municipal Corporation enhanced the assessment of the building in June, 1961, and Saleh Mohammad claimed enhanced rent from the occupants of the building. Some of the occupants made an application in September 1961, to the Settlement Commissioner for cancellation of the P. T. O.; in favour of Saleh Muhammad on the grounds that the building…

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