1989 PLP 1147 (SCMR)

USMAN ALI SHAH, J.‑‑Leave to appeal has been sought by the petitioner. against the dismissal of his Civil Revision by the High Court, arising out of a dispute on a double‑storeyed building No.S.W.111/71‑S‑4 situate at Krishan Nagar Lahore. A substantial portion of which on the ground was allotted to Abdul Sattar petitioner on 15‑1‑48 and only two rooms on the ground were allotted to Abdul Aziz, predecessor‑in‑interest of the respondents on 14‑2‑

48. Both of them. had submitted C.H. Forms for the transfer of the said house to the Settlement Commissioner, who found only Abdul Sattar petitioner being in possession of the major portion of the building and transferred the said premises in his name. Appeal of Abdul Aziz before the Addl. Settlement Commissioner (Judicial) was accepted, set a siding the order of transfer and remanded the case on 28‑5‑1960 to the Deputy Settlement Commissioner for fresh decision, who after twice inspecting the house found it capable of division, vide his order, dated 20‑5‑61 transferred half of the portion of the house to each of the claimants and issued direction for it P.T.Os. Both the parties being aggrieved, filed separate appeals before the Addl. Settlement and Rehabilitation Commissioner who vide his order, dated 25‑10‑61 found the house indivisible and transferred the entire house to the petitioner. Abdul Aziz filed revision against the said order before the Settlement Commissioner who dismissed the same on 10‑8‑1963. He then filed Writ Petition No.2719/R‑63 before the Lahore High Court, which was allowed and the case was remanded to the Settlement Commissioner for fresh decision. He entrusted the case to Addl. Settlement Commissioner for disposal who vide his order, dated 29‑11‑1973 vertically divided the house into two portions out of which portion on the right side of the main Deori was transferred to the petitioner and the other half portion to respondents (successors‑in‑interest of Abdul Aziz). The Deori and stair‑case were however, left common for the use of both the parties. The petitioner challenged the order, dated 29‑11‑73 of the Addl. Settlement Commissioner through a constitutional petition before the Lahore High Court. A learned Single Judge of the High Court held that the parties have been residing since long in the property in dispute and they must now accept that position without any grievance and vide his order, dated 31‑10‑81 dismissed the writ petition. After hearing the learned counsel for the parties we are not satisfied that any case for interference by the High Court in its Constitutional jurisdiction with the finding of the Addl. Settlement Commissioner is made out. Because this fact is not disputed that both the parties were originally allotted their respective in 1948 and since then they were residing peacefully until July and 1959, when they started litigation out of sheer jealousy against each other. The Addl. Settlement Commissioner after thorough examination of the evidence on record and on the spot inspection, arrived at a correct conclusion which is based on equitable justice and was rightly not interfered with by the High Court in its Constitutional jurisdiction. The result is that this petition has no merit and is dismissed. AA./A‑458/S Petition dismissed.