MUHAMMAD YASEEN Versus DEPUTY SETTLEMENT COMMISSIONER

ORDER

SHAFIUR RAHMAN, J. -- Leave to appeal is granted to examine whether the Deputy Settlement Commissioner had not violated the law in making the area occupied the basis for transferring that portion of the property which was held to be indivisible and jointly occupied by the petitioner and two others ignoring altogether the seniority in possession or the possibility of joint transfer.

2. Mr. S.M. Tayyub, Advocate, the learned counsel for the caveator contends that the correct principle i.e. seniority in possession is reflected in the report of the Settlement Inspector and on that basis too, the respondents qualify for the transfer of the property.

3. As that standard has been ignored by the learned D.S.C. and he has adopted a standard of his own, the effect of such a departure has to be determined.

4. Security in the sum of Rs.2,000.

M.I./M-220/S Leave granted.