INAYATULLAH versus NOOR AHMAD

Section 115 the respondent provides compelling evidence to show that the roof of his shop is not part of the residential portion of the premises, that the order of the Settlement Authority of the applicants clearly shows that the upper portion of the residential portion And consists of lower floors and is a separate and separate unit ordering additional settlement and commissioning of maintenance and the results of the two courts below, in the circumstances, do not require any intervention.

1981 C L C 1 845

[Lahore]

Before Muhammad Ilyas, J

INAYAT ULLAH AND ANOTHER‑Petitioners

versus

NOOK AHMAD‑Respondent

Civil Revision No. 604‑D of 1980, decided on 21st March, 1981.

Civil Procedure Code (V of 1908)‑

‑‑ S. 115‑Revision‑Respondent producing overwhelming evi dence to show roof of his shop being not a part of residential portion owned by petitioners‑Order of Settlement Authority clearly indicating residential portion having comprised of upper and lower storeys and these being independent and separate units‑‑Order of Additional Settlement and Rehabilitation Commissioner and findings of two Courts below, held, need no interference, in circumstances.

Hafiz Muhammad Yousaf for Petitioners.

Sh. Muzafar Ahmad Zafar .for Respondent.

Dates of hearing : 17th and 21st March, 1981

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