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Civil Petition for Special Leave to Appeal No. 796 of 1980, decided on 8th March, 1983.
(On appeal from the judgment and order of the Lahore High Court, dated 7th April, 1980 in L. P. A. No. 1234/66).
Art. 185(3)‑Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2 (4)‑Refusal by Settlement Authorities to as to avoid breaking otherwise total unity of property‑Not a fit case for interference by Supreme Court Leave to appeal refused.
Mian Saeedur Rehman Farrukh, Advocate Supreme Court and Sh. Salahuddin, Advocate‑on‑Record for Petitioner.
Fazal Azeem Hamdani, Advocate Supreme Court and S. Inayat Hussain, Advocate‑on‑Record for Respondent No. 2.
Date of hearing : 8th March, 1983.
The dispute in this case, arising out of transfer of a bungalow under the urban settlement law now related to a unit in that very bungalow which throughout has been treated by all the settlement authorities as an outhouse of the bungalow.
Learned counsel for the petitioner has, however, relying on, what he described as "hesitant observations" made by the Deputy Settlement Commissioner and Additional Settlement Commissioner to the effect that the location of this outhouse is unusual and that it is complete unit by itself contended that the unit in dispute should have been separately transferred.
It is only a case of refusal by the Settlement Authorities to divide the property so as to avoid breaking the otherwise total unity of the bungalow. We do not at this stage consider it a fit case for interference with this refusal which is not without lawful authority.
The petition is accordingly dismissed.
M. Z. M Petition dismissed.
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