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Civil Appeal No. 110 .of 1974, decided on 3rd May, 1982.
(Against the judgment of the Lahore High Court. dated 23‑I1‑1973, passed in Writ Petit[or< No: 754‑R(66).
‑‑ S. 2(4) read with Constitution of Pakistan (1973), Art. 199‑‑Writ jurisdiction‑Finding of High Court in writ jurisdiction as to property in question being a separate shop and not Deorhi based on and supported by Municipal record pertaining to a period much before Partition of subcontinent, held, not open to question.
Muhammad Naazar Khan, Advocate‑on‑Record for Appellants.
S. Inayat Hussain, Advocate‑on‑Record for Respondent No. 1.
Respondent No. 2 : Ex parte.
Date of hearing : 3rd May, 1982.
This appeal is directed by Leave of the Court against the judgment of the High Court, dated 23‑11‑1973 in a settlement matter.
2 We have heard the learned counsel for the appellant at length. The only question on which the case turns is whether the property bearing No. 3/413, situated on Hakim Khadim Ali Road, Sialkot City, was merely a deori or a separate shop. The High Court declared it as a separate shop vide the impugned judgment. Leave was granted to consider the correctness of the same. A perusal of the municipal record, 'pertaining to year 194 shows that, this property was treated as a separate shop even before the Partition and was assessed accordingly. The High Court was justified for taking the aforementioned view. The appeal is, therefore, dismissed as being without merit.
Appeal dismissed.
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