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Petitioner: FATEH MUHAMMAD VS Respondent: MUHAMMAD SHAFT
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, M. S. H. Qureshi Title: FATEH MUHAMMAD vs MUHAMMAD SHAFT Case No.:Civil Petition for Special Leave to Appeal No.43 of 1981 Petition No.154 of
1980 Date of Judgment:1984-08-19 Reported As: 1985 SCMR 539 Result: Petition dismissed Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought from judgment dated 29-11-1980 of the Lahore High Court; whereby review application filed by the petitioner which had arisen out of an urban settlement case, was dismissed. The portion in dispute it seems was, at some stage of protracted litigation between the contesting parties, transferred in favour of the petitioner in accordance with one mode of division. However, subsequently notwithstanding the separate numbering of the component units of the same property it was treated as one building and then transferred after making a division with reference to main numbers i.e., 605 and 606. The petitioner is the transferee of, it is stated a substantial part of the building. Not feeling satisfied upto the High Court which refused to interfere with the division of the property, the petitioner has sought leave to appeal. Learned counsel has taken us through the relevant documents including the site plan which he considered to be more authentic. After hearing him at some length, we agree with the High Court that the division of the property could not be interfered with in the Constitutional jurisdiction. No law or any principle having been' contravened, we find no force in this petition. It is accordingly dismissed.
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