1981 PLP 306 (SCMR)

NASIM HASAN SHAH, J.--This order will dispose of Civil Petition for Special Leave to Appeal No 719 of 1975 and Civil Petition for Special Leave to Appeal No. 842 of 1975, as both of them are directed against the same judgment of learned Single Judge of the Lahore High Court. The petitioners in the two cases claim transfer of certain portions, not transferred to them, in a composite property which consists of shops and residential portions situate in Block No. 3, Main Bazar, Sargodha. The petitioners in C. P. S. L. A. No. 719 of 1975, rather their predecessor-in-interest Fateh Muhammad, have been transferred the major portion of the property but they are dissatisfied as they consider that they are entitled the transfer of some further portion of it. The petitioners in C. P. S. L. A. No. 842 of 1975, have not been held as entitled to the transfer of any part of the property. They are members of one family and Petitioner No. 1 submitted his form as a local and they have, accordingly, been treated as locals. They claim, however, that they are, in fact, non-claimants displaced persons and are entitled to the transfer of a shop in the property which has been marked `K' and is in their possession and also Mst. Ghulam Fatima, mother of Petitioner No.

2. The above-mentioned two parties as well as some other occupants of the property agitated their claims right up to the level of Chief Settlement Commissioner (Pir Ahsanuddin). Thereafter, a writ petition was filed in the Lahore High Court and in the course of the said proceedings a report was submitted on behalf of the Settlement Department stating that the Chief Settlement Commissioner wanted to review the impugned order. The writ petition was accordingly dismissed and the matter taken up by Sh. Muhammad Rafique, a Settlement Commissioner with powers of the Chief Settlement Commissioner and redecided. His order again challenged by a writ petition on the ground that as the earlier order was passed by the Chief Settlement Commissioner, the same could be reviewed only by another Chief Settlement Commissioner and not merely by an officer exercising his powers. This contention was rejected by a learned Single Judge but on appeal (L. P. A. 21 of 1967) the plea was accepted and the case was remanded for decision by the Chief Settlement Commissioner himself. Thereafter, Mr. Manzoor Ilahi, Chief Settlement Commissioner passed a detailed and comprehensive order on 9-7-1979 wherein he discussed the claims of all the parties and settled the property on the various persons entitled to its transfer in the light of the discussion aforesaid. This order was challenged by the two parties by separate writ petitions which were both consolidated and heard together and disposed of by the learned Single Judge in the Lahore High Court, who held that so far as the petitioners in C. P. S. L. A. No. 842 of 1975 are concerned. Petitioner No. 1 did not have any locus standi to file the petition because he neither submitted any form under Settlement Scheme No. 1 nor was he even a party to any proceedings before the Settlement authorities or even before the High Court. Similarly, Petitioner No. 2 had no case because be was claiming through his mother Mst. Ghulam Fatima who was held to be a local by the order of the Deputy Settlement Commissioner dated 8-2-1960 which was never challenged either by way of an appeal or a revision. So far as the writ petition, out of which C. P. S. L. A. No. 719 of 1975 has arisen, it was held that the finding with regard to the divisibility being a question of fact was conclusive and there was no ground for interference. After hearing the learned counsel for both the parties we are of the view that the matter has already been considered by the Settlement authorities and the High Court at great length on more than one occasion and the questions being disputed before us are of a factual nature and no question of law or principle is involved. These cases are, therefore, not fit for grant of leave to appeal. Both these petitions must, accordingly, fail and are dismissed hereby. Petition dismissed.