MUHAMMAD IBRAHIM Versus ILAM DIN
This appeal, filed by leave of the Court, challenged a judgment of the High Court dated 23-11-1973 concerning a property dispute in Sialkot City. The core legal question was whether the property bearing No. 3/413, situated on Hakim Khadim Ali Road, constituted merely a 'deori' (an entrance or vestibule) or a separate shop. The High Court had previously declared the property to be a separate shop. Upon review, the Supreme Court examined the municipal records dating back to 1942. The Court found that the property had been treated and assessed as a separate shop even prior to the Partition of the subcontinent. Consequently, the Supreme Court held that the High Court was justified in its determination. The appeal was dismissed as being without merit, affirming the status of the property as a separate shop based on historical municipal assessment records.
- Whether the property bearing No. 3/413, Hakim Khadim Ali Road, Sialkot City, should be classified as a 'deori' or a separate shop?
- Can municipal records from 1942 be used to determine the status of a property in a settlement dispute?
ORDER
ASI.AM RIAZ HUSSAIN, J. ‑This Appeal is directed by Leave of the Court against the judgment of the High Court, dated 23‑11‑1973 in a settlement matter.
2. We have heard the learned counsel for the appellant at length. The only question on which the case turns is whether the property bearing No. 3/413 situated on Hakim Khadim Ali Road, Sialkot City, was merely a deori or a separate shop. The High Court declared it as a separate shop vide the impugned judgment. Leave was granted to consider the correctness of the same. A perusal of the municipal record, pertaining to year 1942 shows that, this property was treated as a separate shop, even before the Partition and was assessed accordingly. The High Court was justified for taking the aforementioned view. The appeal is, therefore, dismissed as being without merit.
H. Z. M. Appeal dismissed.