MAHMOOD HUSSAIN Versus ZAHOOR HUSSAIN

ORDER

S.AAD SAOOD JAN, J.‑‑ This petition for special leave to appeal arises out of an order dated 14‑12‑1981 of the Lahore High Court whereby the Letters Patent Appeal from an order of the learned Single Judge dismissing the writ petition of the petitioner, was dismissed.

2. The dispute between the parties relates to an inter‑floor overlying directly over the shop transferred to respondent No. 1. The petitioner was a claimant and the contiguous shop was transferred to him. Respondent No. 1 was a non‑claimant. The case of the petitioner is that the inter‑floor was in his possession and being a claimant he was better entitled to its transfer than respondent No.1. His claim was rejected by the Additional Settlement Commissioner who personally inspected the building and found that the inter‑floor and the shop transferred to respondent No.1 formed one unit. His decision was upheld in revision by the Settlement Commissioner.

3. The question whether the inter‑floor and the shop transferred to respondent No.1 formed a single unit was essentially one of fact. The High Court could not ordinarily interfere with this finding. After hearing the learned counsel for the petitioner, we are not persuaded that this finding suffers from any infirmity. The petition is dismissed.

M.I. /M‑568/S Petition dismissed.