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Civil Petition No. 539 of 1979; decided on 13th April, 1983.
(On appeal from the judgment, dated 16th May, 1979 of the Lahore High Court in Writ Petition No. 1241/R/1974).
----Art. 185 (3)‑‑Settlement Scheme No. VII‑high Court deciding against petitioner relying on its earlier decisions on point‑‑Petitioner contending that decision relied upon by High Court being not apposite but his case similar to another decided case by other High Court‑‑Leave to appeal granted in view of prima facie force in contention‑Petitioner if still in possession of property, ordered not to be disposed‑‑Parties given liberty to add further documents for appeal.
Ch. Azimuddin, Advocate Supreme Court and Ch. M. Aslam, Advocate-on‑Record for Petitioner.
Shahzad Jahangir, Senior Advocate Supreme Court and Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
Date of hearing : 13th April, 1983.
The question whether the petitioner could be deemed to be in occupation of the house so as to be eligible for its transfer under Settlement Scheme No. VII arises in this case.
The learned judge in the High Court has held against the petitioner on this point relying on his earlier decision in Muhammad Shafi v. The Chief Settlement Commissioner, Member, Board of Revenue, Punjab, Lahore and 9 others W. P. No. 394‑R/1979 wherein reliance was placed on Mst. Ambo Jan and 2 others v. Assistant Settlement Commissioner (Lands) Abbottabad and 6 others (P L D 1975 Pesh. 244) and Abdul Rahman v. Deputy Settlement Commissioner (P L D 1977 Lah. 576).
Learned counsel for the petitioner submits that these decisions a not apposite and his case is similar to the case of Dewana v. Shah Muhammad (P L D 1918 Queue 12).
After hearing the learned counsel we find prima facie force in this submission.
Leave granted.
Security Rs. 2,500.
Petitioner not to be dispossessed if he is still in possession.
The appeal to be made ready on the present record with liberty to the sties to add further documents.
M. Z. M.
Leave granted.
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