M UHAMMAD HUSSAIN Versus THB CHIEF SETTLEMENT & REHABILITATION
This matter arises out of the transfer of a bungalow under urban settlement laws, specifically concerning a disputed unit treated consistently by settlement authorities as an outhouse of the bungalow. The core legal question is whether the settlement authorities were justified in refusing to divide the property into a separately transferable unit based on its location and completeness. The Supreme Court of Pakistan held that the refusal by the settlement authorities to divide the property to preserve the unity of the bungalow was not without lawful authority, and accordingly dismissed the petition. The key principle laid down is that courts will not interfere with the discretionary refusal of settlement authorities to partition an integrated property unless such refusal is shown to be without lawful authority.
- Whether settlement authorities are bound to separately transfer an outhouse of a bungalow if it is complete by itself?
- Can the Supreme Court interfere with the refusal of settlement authorities to divide an integrated property?
- Is the refusal of settlement authorities to break the unity of a bungalow considered lawful authority?
ORDER
'M. S. H. QURAISHI, J.-The dispute in this case, arising out of transfer of a bungalow under the urban settlement law now related to a unit in that very bungalow which throughout has been treated by all the settlement authorities as an outhouse of the bungalow.
Learned counsel for the petitioner has, however, relying on, what he described as "hesitant observations" made by the Deputy Settlement Commissioner and Additional Settlement Commissioner to the effect that the location of this outhouse is unusual and that it is complete unit by itself contended that the unit in dispute should have been separately transferred. It is only a case of refusal by the Settlement Authorities to divide the property so as to avoid breaking the otherwise total unity of the bungalow. A We do not at this stage consider it a fit case for interference with this refuse which is not without lawful authority.
The petition is accordingly dismissed.