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Initializing Secure Chambers
Petitioner: MUHAMMAD KAMIL And Others MUHAMMAD KAMIL And Others VS Respondent: ADDITIONAL SETTLEMENT COMMISSIONER And Another SETTLEMENT AND REHABILITATION, COMMISSIONER And Other
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain Title:MUHAMMAD KAMIL And Others MUHAMMAD KAMIL And Others vs
ADDITIONAL SETTLEMENT COMMISSIONER And Another SETTLEMENT AND REHABILITATION, COMMISSIONER And Other Case No.: C.P.S.L.A. 843 of 1980 C.P.S.L.A. 842 of 1980 Date of Judgment:- Reported As: 1986 SCMR 128 Result: Leave refused Judgment ORDER ASLAM RIAZ HUSSAIN, J.--Petitioners in these two petitions seek leave to appeal against the judgment of the Lahore High Court, dated 20-4-1980, dismissing their writ petitions in a Settlement matter. 2. According to the facts stated by their counsel the parties have been at logger heads over the transfer of three storeyed building since the partition. Admittedly the entire building has been transferred to the present petitioners with the exception of 2 small rooms on the ground floor, which were transferred to the predecessor-in-interest of respondent No. 2. The transfer of these 2 rooms to the respondent's predecessor-in-interest was upheld by the High Court vide the impugned judgment. Hence the present petition for leave to appeal. 3. After going through the reasoning of the learned High Court Judge we are not inclined to interfere with the view taken by his Lordship. The petitions are, therefore, dismissed. 4. We must, however, make it clear that the Deori on the ground floor as shown in the site plan at page 49 of the Paper Book, which is at present being partly occupied and used by respondent No. 2 as latrine, shall be vacated by him within a period of one month and he shall not interfere with the petitioners' use of it, in any manner whatsoever.