Mst. AKHTAR SULTANA and others vs Mst. KARAM BIBI and others
This matter arises from a petition for leave to appeal directed against the judgment of the Lahore High Court dated 5-5-1981. The core legal question concerns the challenge to a finding of fact regarding the indivisibility of a residential property, House No. P-20, Khalsa College, Faisalabad, which had been determined by the Settlement Commissioner. The Supreme Court held that the finding of fact by the Settlement Commissioner regarding the indivisibility of the property was properly upheld by the High Court, which rightly declined to interfere with it. Consequently, the petition for leave to appeal was dismissed as the case was not deemed a fit one for interference.
- Whether the High Court can interfere with a finding of fact regarding the indivisibility of property determined by the Settlement Commissioner?
- Is a petition for leave to appeal maintainable against a concurrent finding of fact regarding property transfer?
ORDER
1. ' GHULAM MUJADDID, J.-- We don't think the judgment of the Lahore High Court dated 5-5-1981 against which Mst. Akhtar Sultana and others have filed this petition for leave to appeal is open to any exception. The property, which is a residential House No, P-20, Khalsa College, Faisalabad was found by the Settlement Commissioner to be indivisible.This was a finding of fact and the High Court rightly declined to interfere with it.
2. ' Karam Bibi respondent claimed transfer in her own right whereas the other party claimed transfer on the strength of possession of Dilawar Ali Shah father of petitioners 1 to 3.
3. ' This is not a fit case for leave to appeal. Dismissed.