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Civil Petition No.445 of 1981

Civil Petitions Nos. 396, 444 and 445 of 1981, decided on 3rd April, 1983.

‑‑‑Art.185 (3)‑‑Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.2 (6)‑‑Word "possession" used in Act‑‑Definition‑ Leave to appeal granted to examine question whether respondent could be given advantage of ejectment orders passed against occupants of disputed property so as to claim transfer thereof with particular reference to extended definition of "possession".

Rafiq Ahmed Khan Bangash, Advocate Supreme Court with Mahmood Akhtar Qureshi, Advocate‑on‑Record for Petitioner. Maj. Muhammad Ishaque and Maqbool Elahee Malik, Advocates Supreme Court with Inayat Hussain Shah, Advocate‑on‑Record for Respondent No.l.

Muhammad Nazar Khan, Advocate‑on‑Record for Respondent No.2. (in Civil Petition 396/81).

Nemo for Respondent No.3.

Muhammad Nazar Khan, Advocate‑on‑Record for Petitioners.

Rafique Ahmed Khan Bangash, Advocate Supreme Court with Mahmood Akhtar Qureshi, Advocate‑on‑Record for Respondent No.2 (in Civil Petition No.444/81).

Nemo for Respondents Nos. 1,3 and 4.

Muhammad Nazar Khan, Advocate‑on‑Record and for Petitioners.

Maj. Muhammad Ishaque Khan and Maqbool Elahee Malik, Advocates Supreme Court with Inayat Hussain Shah, Advocate‑on‑Record for Respondent No.l.

Rafique Ahmed Khan Bangash, Advocate Supreme Court with Mahmood Akhtar Qureshi, Advocate‑on‑Record for Respondent No.3 (in Civil Petition No.445/81) .

Nemo for Respondent No.2.

After hearing the learned counsel for all the parties in these three petitions, we consider this matter fit for grant of leave to appeal, inter alia, to examine the question whether Ahmed Saeed Khan, respondent, could be given the A advantage of the ejectment orders passed against the occupants of the property in dispute so as to claim transfer thereof under the Displaced Persons (Compensation and Rehabilitation) Act, 1958, with particular reference to the extended definition of "possession" and notifications issued from time to time in this behalf. Order accordingly.

One security of Rs.2,500 to be deposited by the petitioner in two petitions (Civil Petitions 444/81 and 445/81) i.e. the Legal Represen tatives of Ejaz Ahmed Siddiqui and the other security in the same amount to be deposited by Afzal Mirza in Civil Petition No.396/81. Both the securities to be furnished within ten days.

Order of maintenance of status quo shall be continued. Appeals to be prepared on the same record, with liberty to the parties to file additional documents. They shall come up on 8‑5‑1983. A departmental representative shall attend the hearing with the record of the case.

S. Q. Leave granted.

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