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Civil Petition for Special Leave to Appeal No. 247 of 1968, decided on 21st June 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 19th March 1968, in Letters Patent Appeal No. 287/1966).
Sch., Part II‑Question whether shops part of a factory, one of fact‑High Court, in writ jurisdiction, held, rightly refused to interfere with order of settlement authorities.
Mian Fazal‑e‑Mahmood, Advocate Supreme Court instructed by S. Wajid Hussain, Senior Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 21st June 1968.
‑The Settlement authorities have held that the disputed rooms which have been transferred to respondents Nos. 2‑5 on their C. S. Forms did not form part of the Mohar Singh Harnam Singh Soap Factory, Sargodha, which has been transferred to the petitioner as an industrial concern. The High Court has confirmed this view by dismissing the writ petition which was filed by the petitioner against the decision of the Settlement authorities.
Respondents Nos. 2‑5 who are claimants were in possession of the disputed rooms and were running shops in them as found by the Deputy Settlement Commissioner who had inspected the spot. Me soap factory and the disputed shops are situated in a commercial area. The buildings in the premises of the factory do not constitute a single unit, is evident from the fact that the petitioner had himself asked for transfer of a portion of the building as a residential unit, which has been transferred to him as such independently of the portion given to him as an industrial concern.
Whether the disputed shops form part of the factory or are independent of it, is a question of fact which has been decided by the relevant authorities against the petitioner. The High Court has found this decision to be just and we do not find any justification to reopen the case.
The petition is dismissed.
Leave refused.
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