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Writ Petition No.1204‑R of 1976, heard on 28th October, 1985.
‑‑‑Art.9‑‑Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss.10 & 11‑‑Transfer of property‑‑Deputy Settlement Commissioner transferring property exclusively to a person who filed N.C.H. Form and became claimant subsequently, and throwing out a claimant displaced person in possession who filed C. H . Form‑‑Parties living in disputed property since decades throwing out one or other on street, held, would be illegal‑‑Order of Deputy Settlement. Commissioner declared to be without lawful authority and of no legal effect‑‑Portion of house in question ordered to be transferred to parties in accordance with their possession.
Nemo for Petitioner.
Nemo for Respondent No.1.
Hamid Ali Mirza and S.M. Zamir Zaidi for Respondent No.2.
Date of hearing: 28th October, 1985.
The dispute relates to a portion of the house bearing property No.S‑82‑R‑15, 15‑Bhagwan Street, Old Anarkali, Lahore. The petitioner filed a C.H. Form and the respondent No.2 (since deceased and represented by his heirs) filed N . C . H . Form. A wise Deputy Settlement Commissioner has transferred the house to the latter on 28‑6‑1976. The petitioner has come up in this Constitutional petition.
2. Learned counsel appearing for the heirs of the deceased respondent No.2 has submitted that the respondent No.2 had become a claimant by inheritance.
3. It is obvious that the Deputy Settlement Commissioner was clearly acting without lawful authority in throwing out a claimant displaced person in possession and transferring the portion exclusively to a person who filed N . C . H . Form even if he had become claimant subsequently. The parties have been living in this very house since decades and consequently throwing out one or the other on the streets would be illegal.
4. In view of the above, the impugned order of the Deputy Settlement Commissioner, dated 28‑6‑1976 is declared to be without lawful authority and of no legal effect. The portion of the house in question shall stand transferred to the parties in accordance with their possession. The petition is thus allowed but, in the circumstances, the parties shall bear their own costs.
M . Y . H . Petition allowed.
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