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Civil Petition for Special Leave to Appeal No. 144 of 1978, decided on 15th June, 1982.

(Against the judgment of the Lahore High Court, dated 4-12-1975, passed in Writ Petition No. 1279-R-75).

-----S. 2-Division of evacuee premises-Settlement authority having had jurisdiction to divide evacuee premises, Supreme Court declined to go into correctness or propriety of order dividing such property passed by Settlement authority.

Afrasiab Khan, Advocate Supreme Court with S Inayat Hussain Shah, Advocate-on-Record for Petitioner

Ch. Abdul Aziz, Advocate Supreme Court with Mian Ataur Rahman, Advocate-on-Record for Respondents.

Date of hearing : 15th June, 1982.

The petitioner seeks Leave to Appeal against the judgment of the learned Single Judge of the High Court, dated 4-12-1975, dismissing his writ petition in a settlement matter. The dispute relates to 54 feet long verandah/thara attached to the house No. 1/2 Chawinda (District Sialkot). The said house has been transferred to Gulab Din petitioner and Feroze Din respondent No. 3 in almost equal portions. The Settlement Authorities also equally divided the area of the verandah between the said parties

2. The petitioner submits that since the entire verandah adjoins the portion of the house transferred to him (shown in blue pencil on the attached site plan called for by us through the Deputy Settlement Commissioner whole is present in Court) the same should have, been transferred to him, to they exclusion of Feroze Din respondent. Although his submission is correct yet since the Settlement Officer who divided the verandah in dispute had the jurisdiction to do so we do not wish to go into the correctness or propriety of the division made by him. Moreover, it is a petty matter which does not involve any question of law.

3. The petition is, therefore, dismissed us being without any merit.

Petition dismissed.

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