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Civil Petition No.685 of 1980, decided on 1st November, 1983.
(Against the judgment/order of the Lahore High Court, dated 18.3.1980, passed in Writ Petition No.1456/R of 1974).
‑‑‑Arts. 185(3) & 199‑‑ Dispute over transfer of evacuee property Order of High Court dismissing writ petition of petitioner found to be un exceptionable‑‑Matter one of factual nature‑‑Held, leave to appeal cannot be granted to reconsider, question ‑question of fact. ‑‑[Question of fact]
Sh.Islam‑ul‑Haq, Advocate Supreme Court with Muhammad AsIam Chaudhry, Advocate‑on‑Record for Petitioner.
S.M.Nasim, Advocate Supreme Court with Walayat Umar Chaudhry, Advocate‑on‑Record for Respondent No.l.
Date of hearing: 1st November, 1983
.‑‑ The petitioner seeks leave to appeal against the order of the Lahore High Court dated 18‑3‑1980,,dismissing his writ petition in a settlement matter.
2. The parties in this case have been transferred separate houses bearing Nos.43 and 45 respectively. They have however been litigating since 1959 about one room which is situated in House No.45.
After protracted litigation before the Settlement authorities as well as before the High Court it was decided that the room in dispute is part of House No.45 transferred to the respondent. The petitioner is aggrieved by this order.
Hence the present petition.
3. We have heard the learned counsel for the parties. We have also gone through the impugned judgment. We feel that the same is un exceptionable. In any case the matter relates only factual matter and do not consider it a fit case for grant of leave in order to reconsider a sari question of fact. The petition is, therefore, dismissed.
S Q . Petition dismissed.
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