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Civil Petition for Special Leave to Appeal No. 227 of 1967, decided on 3rd October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan Lahore dated the 6th March 1967, in Letters Patent Appeal No. 1139 of 1966).
Sched., Part I‑Whether a particular property appurtenance to main house‑High Court in writ jurisdiction whether competent to enter upon inquiry as to nature of property‑Special Leave to Appeal granted by Supreme Court to consider questions.
S. M. Zainul Abidin, Advocate Supreme Court instructed by Tanvir Ahmad, Attorney for Petitioner.
Zaki‑ud‑Din Pal, Advocate Supreme Court instructed by Maqbool Ahmad Rana, Attorney for Respondent No. 1.
Nemo for Respondent No. 2.
Date of hearing : 3rd October 1967.
‑It is contended that on the view formed by the High Court it was proper to remand the case to the Settlement authorities for determining whether the property in dispute was an appurtenance to the main house transferred in favour of the petitioner or that it was an independent residential unit. However, the High Court itself entered upon an inquiry, as to the nature of the property which did not fall within its jurisdiction under Article 98 of the Constitution.
The contention raised requires consideration. We grant leave to appeal. Security for costs shall be deposited in the sum of Rs. 1,000.
Leave granted.
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