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Civil Petition for Special Leave to Appeals Nos. 842 and 843 of 1980, decided on 12th June, 1985.

‑‑‑Art. 185(3)‑‑Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss. 10 & 11‑‑Transfer of property‑‑Entire building transferred to petitioners with exception of two rooms on ground floor which were transferred to predecessor‑in‑interest of respondent‑ Transfer of these rooms to respondent upheld by High Court‑‑Reasoning applied by High Court not calling for interference with view taken‑‑Leave to appeal refused.

A.R. Shaikh, Advocate Supreme Court and Muhammad Aslam Chaudhry for Petitioners.

Muhammad Nasim, Advocate Supreme Court with Mazhar Husain Bokhari, Advocate Supreme Court and Ejaz Ahmad Khan Advocate‑on -Record for Respondent No. 2.

Date of hearing: 12th June, 1985.

Petitioners in these two petitions seek leave to appeal against the judgment of the Lahore High Court, dated 20‑4‑1980, dismissing their writ petitions in a Settlement matter.

2. According to the facts stated by their counsel the parties have been at logger heads over the transfer of three storeyed building since the partition. Admittedly the entire building has been transferred to the present petitioners with the exception of 2 small rooms on the ground floor, which were transferred to the predecessor‑in‑interest of respondent No. 2. The transfer of these 2 rooms to the respondent's predecessor‑in‑interest was upheld by the High Court vide the impugned judgment.

Hence the present petition for leave to appeal.

3. After going through the reasoning of the learned High Court Judge we are not inclined to interfere with the view taken by his Lordship. The petitions are, therefore, dismissed.

4. We must, however, make it clear that the Deori on the ground floor as shown in the site plan at page 49 of the Paper Book, which is at present being partly occupied and used by respondent No. 2 as latrine, shall be vacated by him within a period of one month and he shall not interfere with the petitioners' use of it, in any manner whatsoever.

M. Y. H. Leave refused.

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