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Petitioner: MUHAMMAD IBRAHIM VS Respondent: ILAM DINHonorable Justice Aslam Riaz Hussain
1983 S C M R 949
1983 S C M R 949
Present: Aslam Riaz Hussain, Nasim Hasan Shah and M. S. H. Quraishi, JJ
MUHAMMAD IBRAHIM AND ANOTHER‑Petitioners
Versus
ILAM DIN AND ANOTHER‑Respondents
Civil Appeal No. 110 of 1974, decided on 3rd May, 1982.
(Against the judgment of the Lahore High Court, dated 23‑11‑1973, passed in Writ Petition No. 754‑R/66).
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958‑‑
‑‑ S. 2 (4)‑Municipal record showing premises in dispute as separate shop even before independence and assessed accordingly‑View of High Court declaring same as separate shop, upheld, in circumstances.
Muhammad Naazar Khan, Advocate‑on‑Record for Appellants.
S. Inayat Hussain, Advocate‑on‑Record for Respondent No. 1
Respondent No. 2 : Ex parte.
Date of hearing : 3rd May, 1982.
ORDER
ASI.AM RIAZ HUSSAIN, J.‑This Appeal is directed by Leave of the Court against the judgment of the High Court, dated 23‑11‑1973 in a settlement matter.
2. We have heard the learned counsel for the appellant at length. The only question on which the case turns is whether the property bearing No. 3/413 situated on Hakim Khadim Ali Road, Sialkot City, was merely a deori or a separate shop. The High Court declared it as a separate shop vide the impugned judgment. Leave was granted to consider the correctness of the same. A perusal of the municipal record, pertaining to year 1942 shows that, this property was treated as a separate shop, even before the Partition and was assessed accordingly. The High Court was justified for taking the aforementioned view. The appeal is, therefore, dismissed as being without merit.
H. Z. M. Appeal dismissed.