Full Judgment Text & Judicial Ruling

1981 C L C 1480

1981 C L C 1480

[Lahore]

Before Gul Muhammad Khan and Abaid Ullah Khan, JJ

ABDUR RASHID (REPRESENTED BY HIS HEIRS)‑--Appellant versus S. MASUDUL HASSAN, ETC.‑Defendants

Letters Patent Appeal No. 1221 of

1966, decided on 28th October, 1980.

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---

‑‑ S. 2 (4) & Sched., Part I‑Divisibility of house‑Amount of claim- Not a deciding factor for allotment/transfer of evacuee premises- Confusion existing with regard to dates of possession of parties, such dates being relevant, for deciding question of preferential right even if property found to be indivisible arid divisibility or otherwise of house being amenable to appeal and revision, matter (question of prior possession), held, falls within exclusive jurisdiction of Settlement authorities to decide on basis of documents produced and case tightly remanded by Single Bench for decision by Settlement authority.

Jalal Dirt v. Muhammod Rafiq P L D 1965 S C 261 ref. Sh. Abdul Haq for Appellants. Major Ishaq Muhammad Khan for Respondents kilos. 1 and 2. Nemo for the Remaining Respondents.

Date of hearing: 28th October, 198(1.

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