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Civil Petition for Special Leave to Appeal No. 55 of 1968, decided on 20th June 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 22nd November 1967, in Writ Petition No. 1622/R/62).
, Sch., Part I‑Property found indivisible and transferred to its allottee‑Brother of transferee neither allottee nor filing C. H. Form till after property had been disposed of Order of Settlement authority not liable to interference.
Qureshi Mahmood Ahmad, Advocate Supreme Court instructed by Sh. Masud Akhtar,
Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 20th June 1968.
The subject‑matter of dispute in this petition is Property No. E/56, situate at Burewala which has been transferred to respondent No. 5 (Ghulam Muhammad) as an indivisible house, who was found by the Settlement Authorities to be its allottee in possession. The petitioner who is a brother of the aforesaid Ghulam Muhammad laid claim for transfer of a portion of this house which was rejected, as he was not found to be an allottee nor had he filed his C. H. Form for it till after the disposal of the house in favour of Ghulam Muhammad. In a Writ Petition filed by the petitioner in the High Court the findings of the Settlement Authorities in favour of the respondent have been affirmed.
The relevant Settlement Authorities have held the house to be indivisible and have upheld the respondent Ghulam Muhammad's claim to it as the allottee in possession. The High Court has very rightly declined to interfere in the matter in writ jurisdiction and we see no ground for interference.
The petition is dismissed.
Leave refused.
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