Law:

Section:

(a) Settlement Scheme (Revised) VII Para. 4 Scheme providing for manner and disposal of properties in occupation of more than one person, such, held, could be done only if there were power to divide property Settlement Authorities as such empowered to divide houses is rural areas on basis of posses¬sion. (b) Constitution of Pakistan (1973) Art. 185(3) Leave to appeal to Supreme Court Appellant failing to press point in revision before Settlement Authorities Not possible, held, to take ouch point into consideration at leave to appeal stage in Supreme Court. [Leave to appeal to Supreme Court]. JUDGMENT MUHAMMAD HALEEM, J: This appeal is by special leave against the judgment dated 26 3 1968 of a Division Bench of the erstwhile High Court of West Pakistan, Lahore Seat by which Writ Petition No. 31 R of 1968 was dismissed in limine. The dispute relates to the transfer of House No, 42 in Village Piplan, District Mianwali. Tao appellant on the basis of his exclusive possession applied for its transfer under Scheme No. 7 which was transferred to him on 25 10 1966 by the Deputy Settlement Commissioner (Lands), Jauharabad. Tae second ant the third respondent who are the son in law and nephew of the appellant also applied for the transfer of the house out their entitlements were rejected on the ground that the second respondent had no concern with tae house as he lived in a shop in the bazar of village Piplan and the third responder: resided with the appellant in a room of the house as his licensee. Both these respondents appealed against this order before the Additional Settlement Commissioner, Bhakkar. The Additional Settlement Commissioner held that the second respondent was in possession of a portion of the house which was being used by him as a shop for repairing watches and that the remaining portion was in the possession of the appellant and the third respondent in equal shires on the crucial date, i.e. 1st of January, 1961. Accordingly by order dated 19 7 1967 he transferred the shop to the second respondent and the remaining portion in equal share to the appellant and the third respondent. The appellant filed a revision against this order before the Additional…

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