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Civil Petition for Special Leave to Appeal No. 243 of 1968, decided on 20th June 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 15th April 1968, in L. P. A. 1 o. 61 of 1968).
, Sched. Property consisting of house and shop-- Settlement authorities treating chaubara over shop to be part of it Non‑interference by High Court in writ jurisdiction, held, proper.
A. R. Shaukat, Advocate Supreme Court instructed by M. B. Khizar Tamimi, Senior Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 20th June 1968.
A house has been transferred to the petitioner, but he also laid claim to the chaubara over the adjoining shop in the possession of the respondent on the plea that it formed part of the house in his possession. The Settlement authorities found that the two properties were separate and that the chubara was an undivisible part of the shop. The shop and the chaubara were accordingly transferred to the respondent against which the petitioner moved the High Court in writ jurisdiction.
The learned Judges found no reason to differ with the decision of the Settlement authorities based as it was on the entries in the P. A. List and ownership of the two properties by different evacuees. We concur with the view taken by the High Court and refuse leave to appeal.
The petition is dismissed.
Leave refused.
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