Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIH of 1958)---Ss. 3 & 4---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by the Supreme Court to consider, whether disputed premises was a well or not, and whether a well could be allotted to an individual. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----Ss.3 & 4---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2(2)---Evacuee property---Nature---Determination of--­Deputy Settlement Commissioner transferred property in dispute in favour of respondent treating the same as evacuee property---Appellants filed writ petition against such transfer contending that same was non-evacuee---High Court refused to give relief on the ground that appellants had themselves unsuccessfully applied in the past for its transfer as evacuee property, thus, they could not dispute its nature---Validity---Such findings could not be equated with a finding about the nature of property in dispute---Applicability of Displaced Persons (Compensation and Rehabilitation) Act, 1958 to property to dispute was not considered at any point of time between year, 1947 to 1974, when Act of 1958 was repealed and only pending matters were to be dealt with under Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975---Supreme Court set aside orders of High Court and Deputy Settlement Commissioner, and remanded the case to Notified Officer for decision of questions: as to whether property in dispute was ever declared as evacuee; whether appellants had actually filed application form and matter could be deemed pending for being dealt with under evacuee laws; and whether "well" could be treated as "evacuee property". Ghulam Mohi-ud-Din v. Chief Settlement Commissioner (Pakistan), Lahore and 2 others PLD 1964 SC 829 and Dr. Kamal Hussain and 7 others v. Muhammad Sirajul Islam and others PLD 1969 SC 42 ref. JUDGMENT CH. MUHAMMAD ARIF, J.---Relevant facts giving rise to -the instant appeal by leave of this Court stand succinctly detailed in the Leave Grant Order, dated 22-5-1995, which reads thus:-- "Leave to appeal is sought by the…

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