ABDUL KARIM Versus MUHAMMAD ABDULLAH

ORDER

1. NASIM HASAN SHAH, J.- -The controversy involved in this case is whether two houses bearing Municipal Nos.l/1135 and 1/1135-A are an integral part of Property No.1/1136 situated in Mohallah Water Works, Sialkot City, or are independent premises?

2. The Settlement Commissioner/ Administrator (R.P.), Lahore Division, Lahore, in a detailed order dated 15-8-1981, which was passed after visiting the spot and discussing all the relevant evidence, held that the disputed portions of the property bearing Nos.l/1135 and 1/1135-A were, in fact, an integral part of Property No.1/1136; hence this part of the property could not be transferred to the occupants of the property bearing Nos.l/1135 and 1/1135-A but had to go alongwith the property bearing No.1/1136, being a part of the said property. This order of the Settlement Commissioner dated 15-8-1981 was challenged by the petitioners by a writ petition before the Lahore High Court which has been dismissed. Hence this petition for leave to appeal.

3. The dispute being with regard to a question of fact, which stood adjudicated upon by a Settlement Commissioner after proper consideration of all the material on the record and spot inspection of the site, was rightly not interfered with in writ jurisdiction and the writ petition rightly rejected. No question of interference, in such a decision by this Court, therefore, arises.

4. M.I./A-136/S Petition dismissed.