Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 2,98,2(6)

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part I and Constitution of Pakistan (1962), Art. 98---- Writ petition against order of Settlement Authorities in respect of transfer of house---Question as to which party entitled to transfer of property in dispute----High Court not competent to decide-Proper course after quashing order of Settlement Autho­rities is to remand case for decision afresh. The High Court in writ petition against order of the Settle­ment Authorities is not competent, after quashing the order of the lower Tribunal, to go into the merits of the case and decide which of the parties was entitled to the transfer of the property in dis­pute. If the High Court does so, it exceeds its jurisdiction. It should stay its hands after quashing the order and send back the case to the Tribunal below for decision of the dispute between the parties on merits. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part 1 and S. 2 (6)---- Central Government Notifications one dated 7-3-1960 and another dated 11-8-1960----Two notifications cannot be read together----Person on basis of the two notifications cannot, by double fiction, be deemed to be in physical possession of property and not entitled to its transfer. A house was allotted to one on 15-2-56. It was, however, in physical occupation of refugees against whom ejectment pro­ceedings were started but subsequently stayed. Meanwhile two Central Government Notifications, under section 2 (6) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958; one dated 7-3-60 and another dated 11-8-60 were issued. Thereafter M, the wife of N, taking advantage of the two notifi­cations applied for the transfer of the property. The High Court in writ petition arising out of litigation pertaining to the property held that M could be deemed to be in possession of the property in dispute by virtue of the notification dated 11-8-60 read with the previously issued notification dated 7-3-60. In appeal before the Supreme Court the contention raised was that the benefit of notification dated 11-8-60 could be given only to an allottee which M was…

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