MUHAMMAD YAQOOB Versus CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE

ORDER

1. NASIM HASAN SHAH, J.- -The dispute relates to a shop situated on the ground floor of a double-storeyed premises located on Dungar Mohallah, Sagar Road, Lahore Cantt. The petitioner, Muhammad Yaqoob, is the occupant of the ground floor portion, except for the portion which is being used as a shop by Fazal Ahmad (respondent No.3 herein); while Amanullah, respondent No.2 (herein) is in the occupation of the entire first floor.

2. In the earlier stage of the proceedings both the Deputy Settlement Commissioner and the Additional Settlement Commissioner transferred the entire premises to Amanullah, but op revision, the Settlement Commissioner divided the premises horizontally and transferred the portion in occupation of Mohammad Yaqoob, on the ground floor in his favour, leaving Amanullah only with the first floor. No clear orders were passed with respect to the portion being used as a shop by Fazal Ahmad (respondent No.3).

3. In the meanwhile, Fazal Ahmad had also joined in the fray. He obtained permission from the Chief Settlement Commissioner to file a C.S. form for transfer of the shop in iris occupation and ultimately a Division Bench of the Lahore High Court, in L.P.A.No.97 of 1967, has held that he is entitled to the shop in his occupation. Hence this petition for leave.

4. We observe that all the three occupants of the property have been accommodated in the portions which have been in their occupation since long. The order of the High Court is eminently just and fair.

5. We are not inclined to exercise our discretionary jurisdiction of granting) leave to appeal, in such a case.

6. M.I. /M-342/S Petition dismissed.