Ch. MUHAMMAD SHAM AND 8 Other vs SETTLEMENT AND REHABILITATION — 1966 PLD 267

Citation: 1966 PLD 267

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-31

Parties: Ch. MUHAMMAD SHAM AND 8 Other vs SETTLEMENT AND REHABILITATION JUDGMENT

Headnotes

Case cited as PLD 1966 SC 267

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah Title:Ch. MUHAMMAD SHAM AND 8 Other vs SETTLEMENT AND REHABILITATION JUDGMENT Reported As: PLD 1972 Lahore 187 Result: Petition dismissed Judgment JUDGMENT Writ Petition No. 661/R of 1964 and No. 799/R of 1967 arises out of similar facts and circumstances; therefore, they are being disposed of together. 2. The matter relates to the disposal of property No. S-1-100-S-4, Nisbet Road, Lahore, under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The case of the respondents is that a free hospital was being run in the property in dispute long before Partition. The petitioners in these two cases claim that they and/or their predecessors-in-interest are displaced persons and that they occupied the property in dispute long before December 1958; therefore, they are entitled to transfer thereof as house/houses under the Schedule to the Act of 1958. Necessary forms for the transfer, it is claimed, were submitted to the concerned Settlement authorities. It appears that some question arose before the Deputy Settlement Commis--sioner as to whether the property in dispute was evacuee trust property; therefore, he made a reference to the Chief Settlement Commissioner who, by letter No. 408-Sell-CS&RC/62, dated 5th February 1962, observed that it seemed to him that the property was not evacuee trust property. He, however, left this question to be decided by the Deputy Settlement Commissioner on judicial side.…

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