MAJOR SYED WALAYAT SHAH Vs. MUZAFFAR KHAN

JUDGEMENT

(1.) This appeal is by special leave and it concerns the transfer of an evacuee house No. P.1024, Asghar Hall, Rawalpindi City.

(2.) The appellant, who is claimant displaced person, was allotted a half portion of this house in 1948 and the two respondents occupied the other portion thereof. Both parties applied for transfer of the house, the appellant filed a C.H. form and the respondents filed a N.C.H. Form.

(3.) The Deputy Settlement Commissioner by his order dated the 21st of October, 1959, held that the house was indivisible and he accordingly transferred the entire house to the appellant and rejected the application of the respondents.