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Petitioner: QAMAR DIN VS Respondent: MAULA BAKHSH
1969 S C M R 963
1969 S C M R 963
Present: Hamoodur Rahman and Muhammad Yaqub Ali, JJ
QAMAR DIN‑Petitioner
versus
MAULA BAKHSH AND ANOTHER‑Respondents
Civil Petition for Special Leave to Appeal No. 351 of 1967, decided on 12th October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 19th July 1967 in Writ Petition No. 240/R of 1967).
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
--Sched, Part I--House‑Question of divisibility Decision rests exclusively within jurisdiction of Settlement Authorities‑High Court, held rightly declined to interfere with its writ jurisdiction.
Ghulam Mujaddid Mirza, Senior Advocate Supreme Court instructed by Abdul Karim Sheikh, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 12th October 1967.
ORDER
MUHAMMAD YAQUB ALI, J.‑The Settlement authorities have held the shop in dispute to be indivisible and transferred it to the respondent No: 1 who as a claimant in possession had preference over the petitioner anon‑claimant.,
The question of divisibility being within the exclusive jurisdic tion of the Settlement authorities the High Court declined to interfere with the order of transfer in exercise of its writ jurisdiction from which the petitioner seeks leave to appeal.
It has been held time and again that the High Court has no jurisdiction to interfere with the determination of the Settlement authorities regarding divisibility of houses and shops. There being no special feature in the case to distinguish it from the decided cases the learned Judges rightly declined to entertain the writ petition and dismissed it in limine.
The petition for leave to appeal is thus without any merit and we, dismiss it.
Leave refused