NOOR MUHAMMAD AND 8 Others vs CHIEF SETTLEMENT COMMISSIONER, — 1970 SCMR 490

Citation: 1970 SCMR 490

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-13

Parties: NOOR MUHAMMAD AND 8 Others vs CHIEF SETTLEMENT COMMISSIONER, LAHORE AND 8 Other

Headnotes

Case cited as 1970 SCMR 490

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title:NOOR MUHAMMAD AND 8 Others vs CHIEF SETTLEMENT COMMISSIONER, LAHORE AND 8 Other Case No.: Civil Petition for Special Leave to Appeal No. K-96 of 1969 Date of Judgment:1970-01-13 Reported As: 1970 SCMR 490 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-Mr. Iqbal Qazi concedes that c the divisibility of the property in dispute was not open to question before the High Court in writ jurisdiction. He, how--ever, contends that in allotting the upper floor to the petitioners the Chief Settlement Commissioner did not take into considera--tion the material circumstances that the petitioners were allottees and in prior occupation of the ground floor. Once it is conceded and rightly so that the High Court did not have the jurisdiction to interfere with the division of the property, we fail to see how the mode of partition can be the subject-matter of a judicial review under Article 98 of the Constitution. The petitioners were in occupation of only one room on the ground floor. The Chief Settlement Commissioner in the circumstances of the case exercised his discretion properly in transferring to the petitioners the upper floor and giving the ground floor to the respondents at Nos. 6 to 8. The petition for leave to appeal is dismissed.

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