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Civil Petition for Special Leave to Appeal No. K‑96 of 1969, decided on 13th January 1970.
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 13th March 1969, in Petition No. 146 of 1967).
Sched., Part I read with Constitution of Pakistan (1962), Art. 98‑Divisibility of house‑Order of Settlement Authorities cannot be interfered with in writ jurisdiction.
Iqbal Qazi, Advocate Supreme Court instructed by K. A. Ghani, Advocate‑on‑Record for Petitioners.
Nemo for Respondents.
Date of hearing : 13th January 1970
‑Mr. Iqbal Qazi concedes that c the divisibility of the property in dispute was not open to question before the High Court in writ jurisdiction. He, how ever, contends that in allotting the upper floor to the petitioners the Chief Settlement Commissioner did not take into considera tion the material circumstances that the petitioners were allottees and in prior occupation of the ground floor.
Once it is conceded and rightly so that the High Court did not have the jurisdiction to interfere with the division of the property, we fail to see how the mode of partition can be the subject‑matter of a judicial review under Article 98 of the Constitution. The petitioners were in occupation of only one room on the ground floor. The Chief Settlement Commissioner in the circumstances of the case exercised his discretion properly in transferring to the petitioners the upper floor and giving the ground floor to the respondents at Nos. 6 to 8.
The petition for leave to appeal is dismissed.
Leave refused.
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