Mst. IQBAL BEGUM vs THE CHIEF SETTLEMENT COMMISSIONER, LAHORE AND Other
This matter arises from a petition for leave to appeal concerning the demarcation of boundaries of adjacent properties in Lahore transferred under settlement laws. The petitioner, Mst. Iqbal Begum, sought the transfer of an adjoining property claimed to be part of her allotted house, while the respondent contended that portions had been wrongly included. Settlement authorities demarcated the boundaries, and the Settlement Commissioner held the properties to be distinct. A subsequent writ petition filed by the petitioner was dismissed by the High Court. The core legal question concerns whether courts can interfere with the factual demarcation and finding of distinct properties by settlement authorities. The Supreme Court held that courts cannot interfere with the demarcation or the finding of fact that two distinct houses exist, provided the boundaries are delineated and safeguards are in place regarding payment. The key principle laid down is that factual determinations regarding property demarcation by specialized settlement authorities are final and not open to judicial interference.
- Can courts interfere with the demarcation of properties determined by settlement authorities?
- Whether a finding of fact regarding the existence of distinct houses by settlement authorities can be challenged in writ jurisdiction?
- Is a party entitled to claim multiple properties beyond what was transferred under the final settlement order?
ORDER
1. CORNELIUS, C. J.-This petition .Has ;reference to a case in Settlement where the final order is one demarcating the boundaries of a house in Lahore numbered S-1-72-S-8, which had been transferred to the petitioner Mst. Iqbal Begum, and thus distinguishing it from an adjoining property S-1-91-S-13, which had been transferred to the respondent Mst. Shahnaz Begum. After the transfer, Mst. Iqbal Begum demanded transfer to herself of the property S-1-91-S-13 claiming that it was part of property S-1-72-S-8: Mst. Shahnaz Begum contended that a part of property S-1-91-S-13 had been wrongly included in the pro--perty given to Mst. Iqbal Begum as S-1-72-S-8.
2. The Settlement authorities settled the matter by showing in green lines, on a plan of the two adjacent houses, the boundaries of S-1-72-S-8. Against this order .Mst. Iqbal Begum moved a revision before the Settlement, Commissioner, who held that the two houses were distinct and different. It does not appear to have been contended before him that the green lines referred to above contained less than the true area of property S-1-72-S-8.
3. A writ moved against this order by Mst. Iqbal Begum having been refused by the High Court, she seeks leave to appeal further.
4. It is not open to the Courts to interfere with the demarcation of the two houses, or with the finding, based on examination of the evidence that there are in fact two distinct houses. The boundaries of the property transferred to Mst. Iqbal Begum have been delineated, and against this, she seems to have no grievance. She obviously cannot have two houses. The High Court has taken steps to safeguard against her being asked to pay for more than the property which stands transferred to her by the last order in Settlement.
5. The petition is dismissed.