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Petitioner: Kh. MUHAMMAD ASLAM AND Others VS Respondent: Ch. MUHAMMAD AKRAM AND Other
Court Name: Supreme Court of Pakistan Judge(s): Karam Elahi Chauhan, Abdul Qadir Sheikh Title: Kh. MUHAMMAD ASLAM AND Others vs Ch. MUHAMMAD AKRAM AND Other Case No.:Civil Petition for Special Leave to Appeal No. 416 of 1975 Petition No. 766-R
of 1969 Date of Judgment:1980-12-15 Reported As: 1982 SCMR 918 Result: Petition dismissed Judgment ORDER ABDUL KADIR SHAIKH, J.-The facts briefly stated are that the house in dispute was jointly transferred to two brothers, Khawaja Muhammad Aslam, Petitioner No. 1 and Khawaja Muhammad Akram, respondent No. 1 by the order of Deputy Settlement Commissioner dated 28-10-1969. This order was upheld after litigation between the two brothers in appeal, review, etc. On 6-10-1961. On 7-4-1932 both the brothers filed a joint application for partition of the house between them. The application was accepted by the Deputy Settlement Commissioner and the mode of partition as suggested therein was approved. Thereafter, the Deputy Settlement Commissioner by an ex pane order dated 12-6-1968 effected a fresh partition. Khawaja Muhammad Akram's challenge to this order in appeal and revision failed but he succeeded before the High Court in Writ Petition No. 766- R of 1--69 as learned Single Judge who heard the case held that the partition effected by compromise by the two brothers was binding on them. Mr. Abid Hassain Minto, learned counsel for the petitioners raised certain pleas in support of the petition but all these relate to factual contro--versy upon which interference by this Court would not be warranted. After having examined the record in order to ascertain if the partition of the house finally approved by the High Court is just and proper, we are clearly of the view that the order of the High Court is not open to and- exception even on merits of the case. The petition is therefore, dismissed in limine.