ABDUR RASHID versus MASUDUL HASSAN

Section 2 (4) and the schedule, the partition of the first house, the distribution claim is not a decisive factor in the allocation / transfer of the premises, there is confusion regarding the dates of the parties' occupation; For the decision even if the property is capable of appeal and revocation of immovable property and other dwellings, the matter (pre-occupancy question) is held, it falls under the exclusive jurisdiction of the Settlement Authorities The decision on the basis of the documents should be strictly remanded through a case and a single bench. Decision making through settlement option.

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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