CHIEF SETTLEMENT COMMISSIONER, REHABILITATIONDEPARTMENT, P vs OM PARKASH & ORS, ETC.

The Supreme Court held that the definition of 'displaced person' under para 2(e) of the Notification issued under the East Punjab Evacuees (Administration of Property) Act, 1947, and 'refugee' under Section 2(d) of the East Punjab Refugees (Registration of Land Claims) Act, 1948, excludes individuals who died before the partition and did not migrate due to disturbances. The Court ruled that N, who died in June 1947 before the partition, could not be considered a displaced person, and thus, land allotment must be made in the name of his heirs rather than in his name. The appeal was dismissed, affirming the lower court's decision regarding land allotment.