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Civil Petition for Special Leave to Appeal No. 416 of 1975, decided on 16th December, 1980.
(On appeal from the judgment of Lahore High Court, dated 5‑3‑1975 in Writ Petition No. 766‑R of 1969
----Pleas relating to factual controversy‑Interference by Supreme Court not warranted‑Order of High Court approving partition found to be just and proper‑Held, not open to exception.
Abid Hassan Minto, Advocate Supreme Court and S. Wajid Hussain, Advocate‑on‑Record for Petitioners.
Ahmad Wahid Khan, Advocate Supreme Court and M. A. Qureshi, Advocate‑on‑Record for Respondents.
Date of hearing 16th December, 1980.
‑The facts briefly stated are that the house in dispute was jointly transferred to two brothers, Khawaja Muhammad Aslam, Petitioner No. 1 and Khawaja Muhammad Akram, respondent No. 1 by the order of Deputy Settlement Commissioner dated 28‑10‑1969. This order was upheld after litigation between the two brothers in appeal, review, etc. on 6‑10‑1961.
On 7‑4‑1932 both the brothers filed a joint application for partition of the house between them. The application was accepted by the Deputy Settlement Commissioner and the mode of partition as suggested therein was approved. Thereafter, the Deputy Settlement Commissioner by an ex pane order dated 12‑6‑1968 effected a fresh partition. Khawaja Muhammad Akram's challenge to this order in appeal and revision failed but he succeeded before the High Court in Writ Petition No. 766‑R of 1 69 as learned Single Judge who heard the case held that the partition effected by compromise by the two brothers was binding on them.
Mr. Abid Hassain Minto, learned counsel for the petitioners raised certain pleas in support of the petition but all these relate to factual contro versy upon which interference by this Court would not be warranted. After having examined the record in order to ascertain if the partition of the house finally approved by the High Court is just and proper, we are clearly of the view that the order of the High Court is not open to and‑ exception even on merits of the case.
The petition is therefore, dismissed in limine.
Petition dismissed.
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