1978 PLP 214 (SCMR)

ANWARUL HAQ, C. J.‑This petition seeks review of the order of this Court dated the 29th of July, 1975, by which Civil Petition for Leave to Appeal bearing No. 150 of 1975, was dismissed. The dispute relates to the transfer of an evacuee shop situate in Bazar Talwaran, Rawalpindi The shop had teen allotted to one Muhammad Shafi, and on his death the petitioner as well as respondents 2 to 4 trade applications for its transfer. The petitioner based his claim on the fact that he was carrying on joint business with Muhammad Shafi deceased, who was also his uncle; whereas the respondents claimed entitlement on the basis of relationship with the deemed. The Deputy Settlement Commissioner transferred the shop in favour of the petitioner, but in appeal the Additional Settlement Commissioner directed that the stop be disposed of by pubic auction. In first revision the Settlement Commissioner restored the order of the Deputy Settlement Commissioner, but in 2nd revision the Chief Settlement Commissioner again directed the disposal of the shop by auction.' Both the contending parties thereupon filed two Writ Petitions, which were accepted by a learned Judge of the Lahore High Court by his order dated the 29th of October, 1955, holding that both were entitled to the transfer of the shop as successors‑in-interest of their uncle Muhammad Shafi under the Muslim Law. This order was maintained by a Division Bench in the Letters Patent Appeal preferred by the petitioner. The petition for leave to appeal was dismissed on the ground that the mere fact that the petitioner was jointly running the shop with his uncle would not invest him with any preferential claim, and that both the parties stood on an equal footing on account of their relationship with Muhammad Shafi. The main ground urged for review is that this Court overlooked the fact that the petitioner was in possession of the shop in his own right to accordance with the definition given in section 2(6) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958; and that he was, in fact, the adopted son of Muhammad Shafi and on that account also entitled to preference over the respondents. There is no merit in these submissions. All the Settlement Courts have found that the allottee of the shop was Muhammad Shafi, and, therefore, the petitioner's partnership with the allottee in the business being carried on in the shop could not give him an independent status as to possession of the shop, as he would at beat remain a licensee. The ground of adoption does not appear to have been urged at any stage. In the lengthy proceedings ink the Settlement Courts as well as In the High Court, nor before this Court at the hearing of the petition for leave to appeal. Even otherwise the alleged adoption would confer no legal right on the petitioner under the Muslim Law, or any provision of the Settlement Law. As a result, the petition fails and is hereby dismissed. Petition dismissed.