1. SH. RIAZ AHMAD, J.---The dispute in this case revolves around the interpretation of possession as defined under section 2(vi) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958.
2. The respondents in this case owned some land, a part of which was also evacuee. The petitioner took some land from the respondents on lease and at the the of the commencement of operation under the Displaced Persons (Compensation and Rehabilitation) Act, the petitioner also claimed the transfer of the evacuee portion. In exercise of the Constitutional jurisdiction, a Single Judge of the Lahore High Court accepted the writ petition and took the view that since according to the scheme, a person in occupation can seek transfer of building site, therefore, the case of the petitioner should be considered afresh and since no date could be fixed as last date for the submission of forms, as such, the delay in the submission of C.H. Form by the petitioner could not be a hurdle in consideration of the case. The Single Judge of the Lahore High Court also directed to partition the evacuee land. An Intra-Court Appeal was filed which was accepted and the orders of the Single Judge were set aside. The Division Bench while disposing of Intra-Court Appeal took the view that a tenant in possession of the property could not be deemed to be an occupant thereof in his own right to compete with the person who inducted him in his possession as tenant in the matter of transfer of the same under the Settlement Law and even if the property was partitioned, the status of the petitioner shall remain as that of tenant and thus he was not entitled to the transfer of the property. Having considered all the pros and cons of the case, we are of the view that after repeal of section 2(vi) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, defining possession, whether the petitioner was entitled to the transfer of the portion of the property which was given to him on lease by the respondent. The question needs consideration, therefore, we grant leave to appeal. C.P. 1199 of 1980 be also put up at the the of hearing the appeal.