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Civil Petition No. 894 of 1981, decided on 19th March, 1982.
(On appeal from the judgment dated 9‑6‑1981 in I. C. A. No. 62/1981 of the Lahore High Court, Lahore).
---Arts. 185(3) & 199‑Writ jurisdiction‑Leave to appeal‑‑Granted to consider whether High Court justified in law in setting aside order of Settlement authorities based on finding of fact that none of area in which vendor of respondents was a co‑sharer stood protected under Punjab Land Preservation (Chos) Act, 1900 and notification issued there under.‑[Leave to Appeal].
Sh. Abdul Aziz, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioner.
Major Muhammad Ishaq Khan, Advocate Supreme Court and S. Inayat Hussain, Advocate‑on‑Record for Respondent.
Date of hearing : 14th March, 1982.
NASIM HASAN SHAH, J.‑
Leave to appeal is granted to consider whether the High Court was justified in law in setting aside the order of the Settlement Commissioner (Land)/Chief Settlement Commissioner, Punjab, based on the finding of fact that "none of the area in which Abadan (the vendor of the respondents) was a co‑sharer in Mauza Garbagh stood protected under the Punjab Land Preservation (Chos) Act, 1900 and the notification issued thereunder.
Notice also to issue to the Chief ‑Settlement Commissioner, Punjab (Egerton Road, Lahore). Security in the sum of Rs. 2,000.
To be made ready on the present record, with liberty, to the parties to add further documents, if any:
Interim order of stay to continue in the same terms. Learned counsel for the petitioner has stated before us that the petitioners will not obstruct the tenants from paying the batai to the respondents 1‑4.
Leave granted.
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