MUHAMMAD HUSSAIN Versus MUHAMMAD SABIR

ORDER

1. NASIM HASAN SHAH, J.‑ ‑This order will dispose of Civil Petition No. 565 of 1980 and Civil Petition No. 593 of 1980, as both the petitions arise out of one and the same judgment passed by the High Court.

2. In these cases the main question is whether the disputed commer cial part of a composite building consisted of two shops or was only one shop which the petitioner, as a claimant, was entitled to transfer in its entirety.

3. In the final order passed by the Settlement Authorities, namely, the order passed by the Settlement Commissioner with powers of the Chief Settlement Commissioner, dated 28‑9‑1971 it was found that the property in dispute was divisible and the petitioner was allowed to retain the portion in his possession, namely the portion marked 'C', while the portion 'D' was allowed to be transferred to one Muhammad Sabir. This portion, it may be mentioned, has since been transferred between the heirs of Muhammad Sabir and one Abdul Majeed upon a compromise entered into by them for sharing it half and half. The question whether the commercial part consisted only of one shop or two shops was matter for the Settlement Authorities and not a matter for the High Court or this Court.

4. No ground for interference exists. Both these petitions are, accordingly, dismissed.

5. M. I. Petitions dismissed.