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Civil Petition for Special Leave to Appeal No. 570 of 1981, decided on 20th December 1981.
(Against the order of the Lahore High Court dated 28‑6‑1977, passed in Writ Petition No. 1166‑R of 1974).
--‑ Art. 185(3)‑Leave to appeal‑Petitioner's counsel unable to make out any good ground for inference in impugned order‑Transfer of land as ordered against Produce Index Units quite just and proper‑Case; held, not fit for grant of leave to appeal.
Aitzaz Ahsan, Advocate Supreme Court for Petitioner.
Fazal‑i‑Hussain, Advocate‑on‑Record for Respondents.
Date of hearing : 20th December, 1981.
‑This petition is directed against the order of the Lahore High Court dated 28.6‑1981, dismissing the petitioner's constitu tional petition in a settlement matter.
2. The petitioner had a verified claim of 336 PIUs. In 1956 he was transferred 30 kanals of land in Village Fatehgarh, Tehsil and District Sialkot equivalent to 327 PIUs. Nine P. I. Us however, still remain unsatisfied. The petitioner had in his possession another piece of land (Khasra No. 95) measuring 3 kanals and 15 marlas contiguous to the land transferred to him against his claim. Sixteen years later, on 17‑10‑1972, the Settlement Authorities divided Khasra Number 95 into two parts, namely No. 95/2 min and 95/3 min, and transferred Khasra No. 95/3 min measuring 2 kanals and 19 marlas, to Muhammad Yahya respondent, against his 24 PIUs. which had not yet been satisfied, and transferred Khasra' No. 95/2 min measuring 16 marlas to the petitioner against his remaining 9 P. I. Us.
3. We have gone through the judgment and heard the learned counsel for the petitioner. He has not been able to make out any good ground for interference in the impugned order. Moreover, the transfer of 16 marlas of land to the petitioner against his 9 PIU by the Settlement Authorities, is in the circumstances of the case, quite just and proper. We do not, therefore, consider this to be a fit case for grant of leave. The petition is consequently dismissed.
Petition dismissed.
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