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Civil Petition for Special Leave to Appeal No. 272 of 1967, decided on 10th October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 11th May 1967, in Letters Patent Appeal No. 1368 of 1966, read with the judgment and order dated the 10th November 1966, in Writ Petition No. 1203/R‑1963).
Act (XXVIII of 1958), Sched., Part I‑Part of building declared by Settlement Authorities as separate house by itself Person in possession of such portion cannot lay claim to other portion of building as law does not permit transfer or more than one house.
A. R. Shaukat, Advocate Supreme Court instructed by Wali Muhammad Khawaja, Senior Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 10th October 1967.
‑This is a petition for leave to appeal against the order of a Letters Patent Bench of the High Court upholding dismissal of writ petition filed by the petitioner in respect of the transfer of a house by the Settlement authorities.
The dispute relates to house No. S‑1‑114‑S‑16, in Vishnu Gali, Nisbet Road, Lahore. Final Authority in the Settlement Department has upheld the division of this house into 3 portions. One portion which was in occupation of the petitioner has been transferred to him, another portion which was in possession of the respondent Fariduddin, has been given to him and the third portion has been put in the auction pool.
Before the High Court the petitioner challenged eligibility of the respondent to the transfer of a portion, in the said house. He also challenged legality of the order passed by the Settlement Commissioner. Learned Single Judge while repelling the said contentions observed :
"The portion which has been given to the petitioner has been declared to be one house or a separate house by itself. In that view of the matter, the rest of the portions which constitute other houses cannot be given to the petitioner, because, according to law, an applicant can get only one house.
The learned Judge has correctly enunciated the legal principles which govern such eases and therefore the Letters Patent Bench was justified in dismissing the appeal in limine.
The petition is dismissed.
Leave refused.
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