Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) -------Ss. 2(6) & 10---Settlement Scheme No.VlI---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), Ss. 2 & 3--­Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Transfer of property---Petitioners being occupants of disputed residential site since partition, applied for its transfer under Settlement Scheme No.VII---After prolonged litigation, High Court directed that officer competent to decide matter under Displaced Persons (Compensation and Rehabilitation) Act, 1958 and Displaced Persons (Land Settlement) Act, 1958 would decide matter after hearing the parties---Notified Officer after hearing the parties transferred property in dispute to petitioner under Settlement Scheme No.VII---Entries appearing in Revenue Record had proved that property in- dispute was used and occupied by petitioners for residential purposes---Property in dispute could not be given any other status except what was described in Revenue Record and it could not be held subservient to agricultural purposes as claimed by respondents---Claim of petitioners fell well within ambit of Settlement Scheme No.VII and they were entitled to the same---Contention of respondents that occupation of petitioners over the property in dispute was permissive one, did not find support from record and could not be given much weight. Syed .Shaukat Hussain Rizvi v. K.B. Dr. Yar Muhammad Khan -and another PLD 1974 SC 276; Capt. Asmat Hayat and others v. Yousaf Masih and others 1994 SCMR 456; Zafar Niazi v. Qazi Sayed Shujaatullah and others PLD 1965 (W.P.) Kar. 52; Agha Shaukat Ali v.. Settlement and Rehabilitation Commissioner, Lahore and another PLD 1965 (W.P.) Lah. 445; Mst. Ambo Jan and 2 others v. Assistant Settlement Commissioner and 6 others PLD 1975 Pesh. 244 and Nafeesa Bano and others v. Chief Settlement Commissioner, West Pakistan, Lahore and another PLD 1969' Lah. 480 ref. S.M. Tayyab for Petitioners. Ch. Muhammad Bakhali for Respondents. Date of hearing: 1st October, 2002. JUDGMENT The dispute herein relates to a piece of property covered y construction (residential sites),…

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