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Petitioner: FAZAL DIN VS Respondent: The SETTLEMENT COMMISSIONER And Another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Gul, Muhammad Yaqub Ali Khan Title: FAZAL DIN vs The SETTLEMENT COMMISSIONER And Another Case No.:Civil Petition for Special Leave to Appeal No. 683 of 1974 Writ Petition No.
407/R of 1971 Date of Judgment:1975-11-20 Reported As: 1976 SCMR 389 Result: Petition dismissed Judgment ORDER MUHAMMAD YAQUB ALI, C. J.-.The Settlement authorities have, in preference to Fazal Cain, petitioner, transferred the house in dispute bearing No. B-II-5/8-64, situated in Okara, District Sahiwal, to Muhammad Ibrahim, respondent herein, on the basis of his occupation of a major portion of the house. It has further been held that the house is indivisible. The High Court has declined to interfere with the transfer in exercise of Writ Jurisdiction. The petitioner has applied for leave to appeal contending Inter alia that he is in prior possession of a part of the house. As there was no evidence on the record to this effect. The petitioner was granted an adjournment on 31st July 1975, to a date in office for filing certified copies of the relevant record. 7 he matter has now been taken up after expiry of 3 months and 20 days but the requisite copies have not been filed. Indeed Mr. A. R. Shaukat expressed his inability to produce certified copies from the Settlement record showing the prior possession of the petitioner. In the circumstances the petition for leave to appeal is dismissed.