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Letters Patent Appeal No. 170 of 1971, decided on 9th April, 1930.
‑‑ Sched. I and Settlement Scheme No. I‑‑Whether building divisible into several separate and independent units‑Matter entirely within jurisdiction of Settlement Authorities and not liable to be questioned before superior Courts unless decision either perverse or arbitrary or fanciful‑‑Accommodation transferred to appellant and respondent constituting two separate independent units with separate entrances and separate amenities of life‑Appellant under Settlement Law, held, cannot be entitled to other portion nor press his claim for two separate houses.‑[Jurisdiction].
Dr. Munawar Ali Khan v. Chief Settlement Commissioner 1976 S C M R 54 rel.
----Transfer of property‑Application form in respect of a particular property, held, must be considered together for purpose of determining entitlement for transfer among various applicants.
Fateh Muhammad v. Maula Bakhsh P L D 1963 S C 311 and Muhammad Saqlain v. Muhammad Amir P L D 1968 Lah. 157 rel.
---Transfer of property‑Chief Settlement Commissioner declaring property to be not a big mansion and directing matter of transfer to be disposed of according to law under Settlement Scheme No. 1‑Order of Chief Settlement Commissioner being an administrative order, held, did not affect any rights of appellant as to his plea of order being without notice to him qua his application for transfer‑Even' otherwise Deputy Settlement Commissioner could consider claim of respondent even after initial ex parte order of transfer in favour of appellant.
Abdul Hamid v. Sardar Bcgum 1977 S C M R 227 rel.
S. M. Hassan for Appellant.
Mushtaq Ahmad Memon for Respondent No. 4.
Dates of hearing : 5th and 9th March, 1980.
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