ALI MUHAMMAD AND Another vs Raja MUHAMMAD ZIAULLAH AND 3 Other
This petition for leave to appeal arose from a dispute over the transfer of a composite property consisting of shops and residential units under settlement laws. The petitioners and respondents both claimed the property, leading to a series of administrative orders by settlement authorities. Initially, the Deputy Settlement Commissioner transferred the entire property to the petitioners, but the Additional Settlement Commissioner subsequently divided the property between the parties, allocating specific portions to each based on their possession. This division was upheld through subsequent revisions and by the Lahore High Court in writ and Letters Patent Appeal proceedings. The core legal question was whether the High Court correctly declined to interfere with the administrative division of the composite building. The Supreme Court held that the High Court's decision was correct, affirming that the power to divide a composite building under the relevant settlement statute rests with the Settlement Authorities. The Court ruled that it would not interfere with such administrative discretion unless the exercise of power was shown to be arbitrary or capricious, finding that substantial justice had been served.
- Does the power to divide a composite building under the Displaced Persons (Compensation and Rehabilitation) Act 1958 rest with the Settlement Authorities?
- Under what circumstances will the High Court interfere with the division of a composite building made by Settlement Authorities?
- Is the division of a composite building between parties in possession considered a valid exercise of administrative power under settlement laws?
- Section 2(12), Displaced Persons (Compensation and Rehabilitation) Act 1958
ORDER
1. SALAHUDDIN AHMED, J.-The petitioners are brothers and the respondents are father and son. The disputed property is a composite one consisting of two double-roomed shops on the ground floor and a residential portion behind them and a chaubara on the first floor covering the entire structure on the ground floor. The respondents are admittedly in possession of a part of the property in dispute.
2. Both the petitioners had filed joint 'C. S.' and 'C. H.' Forms. By an order dated 20-11-1959 the Deputy Settlement Commis--sioner transferred the entire property to the petitioners. On appeal by the respondents the Additional Settlement Commissioner by his order dated 23-8-1960, divided the property between the parties. The respondents were given the shop which was in their possession along with a half of the verandah pertaining to the shop, and two rooms and a kitchen behind the shop. The rest of the property was transferred to the petitioners. The revision petitions filed by both the parties were rejected by the Settlement Commissioner by his order dated 15-2-1961. Similarly the Second Revision Petitions of the two parties were rejected by the Chief Settlement Commissioner on 13-1-1962. Both the parties then made writ petitions before the Lahore High Court and they were dismissed. The Letters Patent Appeal preferred by the petitioners was also dismissed. Hence the present petition for leave to appeal.
3. The High Court has held that the power to divide a com--posite building in terms of the second proviso to Clause (12) of section 2 of the Displaced Persons (Compensation and Rehabili--tation)
4. Act, 1958 rests with the Settlement Authorities and the High Court would not ordinarily interfere with the exercise of that power unless it has been shown that it has been carried out arbitrarily or capriciously. The Court had further held that the division was neither improper nor against the provisions of law. The High Court, therefore, refused to interfere with the division of the building.
5. The High Court's view is correct. It is apparent that sub--stantial justice has been done to the parties concerned. The respondents have no other house for residence.
6. We do not think that this is a fit case for interference by this Court. The petition is accordingly dismissed.
Cited by 1 case
- Shahzada MUHAMMAD HUSSAIN vs Mst. HANIFA BEGUM AND Other 1978 SCMR 446