Rehabilitation Settlement Scheme No. I

Rejected ballot-papers having prescribed marks in column immediately below the column containing name and symbol of petitioner, held, would positively be intended for such petitioner under whose name voters had put the prescribed marks space provided between name and column of petitioner being too little to affix the mark in that space

Such rejected votes when counted in favour of petitioner were more than enough to declare him as a returned candidate-Accepting election petition the petitioner was declared a successful candidate to have won the election in place of contesting respondent who was deemed to have lost the election as against petitioner.

Para. 33-Agreement of association-Not challenged by any of parties nor any application submitted to authorities to cancel it or modify orders passed in pursuance of same-Deputy Settlement Commissioner himself commencing suo motu proceedings to review order on ground that property could not be transferred as one unit as it consisted of more than one shop-Modification in order occurring in proceedings taking place in pursuance to such action Property having been found to be one unit, change in impugned order, held, not necessary.

Paras. 37 & 38-Finality of transfer order-Remand-No specific order regarding transfer of garage in possession of appellant's predecessor-in-interest made by Deputy Settlement Commissioner yet Settlement Commissioner directing garage to be treated as integral part of residential unit occupied by respondents- Garage in consequence, transferred to respondents-Writ petition of appellants dismissed on ground of laches and delay and appellant accepting such order-Disposal of garage, held, in circumstances attained finality and could not be reopened in remand proceedings directed to be taken for disposal form of another person.

[Remand].

Definition of 'available' houses and shops in Scheme No. VIII-Manifests only such houses and shops being available for transfer to persons in possession as had not already been transferred under Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-House standing transferred under Act at time of enforcement of Scheme No. VIII-Not available for transfer under Scheme No. VIII to a local allegedly in possession.

Remand of case to Settlement Authorities for fresh decision after proper inquiry into matter, factual position bearing on case being nebulous and obviating proper decision, held, amply justified in circumstances-No illegality having been committed, case, held, not fit for interference by Supreme Court.

Para. 2 and Rehabilitation and Settlement Scheme No. IV, ,paras. 19 & 20 read with Chief Settlement Commissioner's Gazette Notification No. 2099-C. S. C. in Press Note dated 9-9-1960, and Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 16 (1)(b) & (c)-Notification issued under any Scheme-Cannot override provisions of Scheme itself-Paragraph 19 of Scheme No. IV restricting transfer of houses and shops in possession of displaced persons from occupied territory of Jammu & Kashmir to persons displaced from such territory only, person from any other area, held, not entitled to transfer of such property.

S. 25(2) read with Rehabilitation and Settlement Scheme No. I, Ch. I, Part II, para. 15-Partition of joint khatas of Muslim and non-Muslim evacuees-To be effected where no hissadari qabza exists Joint lands still available-Land already partitioned and separately possessed by evacuees and subsequently by allottees direct ed to be taken to make up deficiency-Order, held, neither legal nor fair-Deficiency could and should have been made good from Maqbooza Malkan lands-Non-availability of sufficient Maqbooza Malkan lands-No justification to resort to compelling appellants to part with reclaimed lands.