Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 185(3)Point not raised before High Court-Not to be raised before Supreme Court - Finding of fact reached by lower Tribunal­-Cannot be reopened in special jurisdiction of Supreme Court. (b) Settlement Scheme (old) No. VII, Ch. V-- ----Para. 5(3)Composite building--Transfer of--Rural building consisting of both residential and business premises-To be transferred to occupant of residential premises. ORDER WAHEEDUDDIN AHMED, J. The dispute between the parties is in respect of property situated in village Dhudial, Tehsil Chakwal. District Jhelum. Its ground floor is used as a shop while the upper portion is used as a residential premises. The number given to the ground floor is 114 and the number given to the residential premises is 115. The -Petitioner claims to be in possession of the ground floor since partition. Fateh Muhammad claims to be allottee in possession of the upper portion of the Property since 1949. He has also been allotted agricultural land in this village. He submitted an application to the Assistant Settlement Commissioner for the transfer of the entire property in March 1965. The -Petitioner Muhammad Sher on the 19th July 1968, applied for the transfer of the shop in his possession under amended Scheme No. VII. The Assistant Settlement Commissioner, by order dated the 6th September 1968, transferred both the shop and the residential portion to the -Petitioner for Rs. 2,168. The -Respondent Fatah Muhammad challenged this order in appeal before the Deputy Settlement Commissioner (Land), which was accepted on the 22na June 1970, and the case was remanded to the Assistant Settlement Commissioner for decision after giving opportunity to the parties to produce evidence. By order dated the 5th August 1971, the Assistant Settlement Commissioner (Land), again transferred the entire property to the -Petitioner. He held that shop No. 114 and residential premises No. 115 were not separate properties but in fact one property and was indivisible. The -Respondent challenged his order in appeal before the Deputy Settlement Commissioner (Land which was dismissed on the 9th September 1971. The Deputy Settlement…

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