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Civil Petition for Special Leave to Appeal No. 867 of 1980, decided on 17th August, 1981.
(On appeal from the judgment and order of the Lahore High Court, dated 27‑4‑1980, in Writ Petition, No, 765‑R of 1975).
‑‑‑Art. 185(3)‑‑Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss.10 & 11‑‑Fixation of unit of property after process of elimination‑ Contention raised that unit of property in such cases was under law to be fixed with reference to its own independent owners and not with reference to property belonging to others or different owners‑‑Leave to appeal granted to consider as to which property of which particular evacuee owner was transferred to respondent and by process of elimination which property was left out for reasons that same belonged to different evacuee owners and could not be merged into ownership of that portion which was transferred to respondent.
Ch. Fazal‑i‑Hussain, Advocate‑on‑Record for Petitioner.
Iqbal Buttar, Advocate Supreme Court and Tanvir Ahmad, Advocate‑on‑Record for Respondent No. 3.
Date of hearing: 17th August, 1981.
Leave is granted to consider as to which property of which particular evacuee owner was transferred to Saith Wali Muhammad Khan son of Muhammad Ali. respondent herein and by process of elimination which property was left out for the reasons that the same belonged to different evacuee owners and could not be merged into the ownership of that portion which was transferred to the respondent. It is argued that unit of property in such cases was under the law to be fixed with reference to its own independent owners and not with reference to the property belonging to other of different owners. Security Rs.2,000.
2. Status quo granted on 5‑8‑1981 will continue subject to deposit of rent regularly up‑to‑date. If no deposit is made the petitioner would be liable to be evicted.
3. The High Court may proceed with the L. P. A. pending before it which has arisen from an ejectment application by respondent /landlord at the early date, so that we may have the benefit of its views.
M. I. Leave granted.
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