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Civil Petition for Special Leave to Appeal No. 701 of 1980, decided on 15th August, 1983

(On appeal from the judgment and order of the Lahore High Court, dated 12th February, 1980, in W.P. 572/8‑73)

‑‑Arts. 185(3) & 199‑‑Displaced Persons (Compensation and Rehabilita tion) Act (XXVIII of 1958), Sched.‑‑Transfer of building to Municipal Corporation as school building‑‑Petitioner's claim for transfer of portion in his possession on C . H . Form rejected on ground that such portion was inseparable from main building and that its transfer for residential purpose was undesirable in interest of school‑‑Refusal of High Court to grant relief to petitioner in its discretionary jurisdiction‑‑Held, fully justified in facts and circumstances of case‑‑Leave to appeal ‑re‑Fused.

Ch. Ghulam Mujtaba, Advocate‑on‑Record for Petitioners.

Mr. Shahzad Jhangir, Advocate Supreme Court and Sh. Abdul Karim, Advocate‑on‑Record for Respondents.

Date of hearing: 15th August, 1983.

.‑‑ This petition arises out of an urban settlement case relating to the transfer of the building in dispute to the Lahore Municipal Corporation as a school building, while the petitioners claimed to be in possession of a small portion thereof. The petitioners' side had applied on a C . H . Form for the transfer of the portion in their possession. In the last order impugned in the High Court in its writ jurisdiction the portion was treated as inseparable from the main building of the school and also its transfer for residence to the petitioners was considered as undivisible in the interest of the school.

Learned counsel contended that the petitioners' claim being under a C . H . Form should have been preferred over the school a local institu tion, for the entire property. He also contended that as a converted property, the building could not be transferred to school. He has also relied on an earlier order of remand by the High Court.

There does not seem to be any force in the arguments of the learned counsel but it is not necessary to deal with them in detail because the refusal of the High Court to grant relief to the petitioners in its discretionary jurisdiction in this case was fully justified in the facts and circumstances of the case particularly when the petitioners C.H. Form was only for a part of the school building. It is not a fit case for grant of leave to appeal, which is accordingly refused.

S. Q. Leave refused.

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