IMAMUDDIN Versus SETTLEMENT COMMISSIONER

ORDER

SAAD SAOOD JAN, J.‑ ‑Property No.4/C in Hasi1pur is a composite one. It has two shops on the ground floor and a residential portion on the first floor. Muhammad Yaqub, predecessor‑in‑interest of the petitioner, applied only for the transfer of a half portion of one of the shops which was in his possession when the settlement operations started. The rest of the property was put to auction. On the basis of the bid made at the auction it was transferred to respondent No.3. Subsequently, the petitioner claimed that the residential portion directly overlying the part of the shop transferred to Muhammad Yaqub should also be treated as part of his property. His claim was rejected by the Settlement authorities whereupon he invoked the constitutional jurisdiction of the High Court. His petition in this regard was dismissed. He now seeks leave to appeal from this Court.

2. While applying for the transfer of the half of the portion of the shop Muhammad Yaqub did not seek transfer of the overlying residential portion. He was given exactly what he had applied for and the rest of the property was put to auction. The petitioner subsequent claim to the residential portion is without any foundation. This petition is accordingly dismissed.

M.I./1‑40/S Petition dismissed.