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Civil Petition for Special Leave to Appeal No. 39 of 1968, decided on 9th October 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore dated the 7th November 1967, in Writ Petition No. 367‑R of 1967).
Sched., Part I and Constitution of Pakistan (1962), Art. 98‑Transfer of house to J‑M having no claim over property attacking order of transfer in favour of J in writ jurisdic tion by acting pro bono public‑High Court, held, rightly declined to interfere with order of transfer‑Special Leave to Appeal refused by Supreme Court.
A. R. Shaukat, Advocate Supreme Court instructed by Khawaja Wali Muhammad, Senior Attorney for Petitioner.
Abid Hasan Minto, Advocate Supreme Court instructed by Sheikh Abdul Karim, Attorney for Respondent No. 1.
Nemo for Respondents Nos. 2 to 4.
Date of hearing : 9th October 1968.
‑We agree with the learned Judges in the High Court that the petitioner who had entered into a compromise with Mst. Jafferi Begum, respondent, in regard to apportionment of the property in dispute between its various occupants was debarred from invoking the writ jurisdiction of the High Court. Indeed he does not lay claim to the disputed property, but attempted to act pro bono publico on the allegation that Mst. Jafferi had not filed a proper Settlement form and was not in omsession of the property transferred to her. The High Court has, in the circumstances, rightly dismissed the writ petition filed by the petitioner to call in question the transfer in favour of Mst. Jafferi Begum.
The petition for leave to appeal is dismissed.
Leave refused.
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