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Civil Petition for Special Leave to Appeal No. 46 of 1968, decided on 27th June 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated 16‑11‑1967, in Writ Petition No. 400/R‑67).
--Sch. Portion of property not transferred to a person shoran included in schedule to P. T. O. issued to him Settlement authorities directing amendment of P. T. O.‑Writ Petition against order of Settlement authorities, held, rightly dismissed by High Court‑Special Leave to Appeal refused by Supreme Court.
A. S. Salam, Advocate Supreme Court instructed by Sh. Abdul Karim, Attorney for Petitioner.
Nemo for Respondents.
Date of bearing : 27th June 1968.
‑‑Property No. B. I. L. K. 7‑8‑9, Okara District Montgomery, which was treated as residential‑cum- commercial premises was divided by the Settlement authorities between its various occupants leading to a prolong contest between them. Finally the Settlement Commissioner, by his order dated the 7th of September 1962, in a revision petition of the peti tioner, while confirming the division of the premises between the various occupants, transferred to the petitioner, Muhammad Ibrahim, a portion of the property on the ground‑floor, in which he had stored his timber. This order was made after the Settlement Commissioner (Mian Ghulam Shabbir) had himself inspected the spot. A Writ Petition moved in the High Court against that order was dismissed. However, in the schedule to the P. T. O. issued to the petitioner, he was shown to be the transferee of 6 rooms and a courtyard in the first floor of the property. This led to a second round of litigation between the parties ending finally with the order of the Settlement Commissioner (Mr. Gulbaz Khan) passed on the 31st of January 1967, whereby the revision petition of Ghulam Nabi, the occupant of the rooms in question of the first floor was accepted and it was ordered that the 6 rooms and a courtyard in the upper storey mentioned in the schedule of 'the property of the P. T. O. issued to Muhammad Ibrahim be struck off. The petitioner filed a Writ Petition in the High Court against that order which has been dismissed and he is now seeking leave to appeal from this Court.
The portion of the property in possession of the petitioner was finally transferred to him by the Settlement Commissioner on the 7th of September 1962 in a final determination of the dispute. The inclusion of the six rooms and a courtyard on the first floor in the petitioner's P. T. O. was obviously in derogation of this order and was illegal. The learned Settlement Commissioner, by his impugned order of the 31st of January 1967, has set right an obvious wrong and the High Court has rightly declined to interfere.
There is no merit in this petition which is dismissed.
Leave refused.
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