Law:

Section:

Keywords: Interference, Petitioner, Division, Magistrate, Records, Notice, Auction, Impugned Order, Property, Petition, Claims, Notices, Want Of Jurisdiction, High Court, Constitutional Petition, Order, Sub-Division, Constitution, Rent, Constitutional Jurisdiction, Costs, Settlement Authorities, Plea, Ownership, Cancellation, Evacuee Property, Orders, Invalid, Dispute, Place, Allegation Of Mala Fides, Fictitious, Survey, Partition, Register, Jurisdiction, Possession, Without Jurisdiction, Constitution Of Pakistan Result: Petition dismissed JUDGMENT This constitutional petition challenges the jurisdiction of the learned Settlement Commissioner, Sanghar, in rejecting the claim of the petitioners that evacuee shop in Tando Adam Municipality, bearing Custodian No. 11-A-62/40, corresponding to C. S. No. 92/1, and the shop allegedly bearing Custodian No. 11-A-62/A, corresponding to Survey No. 92-A/6, are one and the same and refusing to cancel the auction of the shop bearing the latter number in favour of the second respondent, and prays that the Orders of the Settlement Commissioner in this behalf be declared to be without legal authority. 2. The circumstances in which this petition has been filed are that prior to partition Plot No. 92, sheet No. 26, in Tando Adam Municipality, was owned by one Dasoomal Madhandas. In 1943, the said Dasoomal acquired an additional area from the Tando Adam Municipality, adjoining his plot. In the same year, he sub-divided his main Plot 92 into 12 sub-plots, which were renumbered as 92/1 to 92/12. He also, on 4th October 1947, sub-divided the additional area which he had acquired from the Municipality in 1943 and the sub-divisions of this additional area were renumbered as 92-A 1 to 92-A6. It appears that while the sub-divided plots bearing Nos. 92-A1 to 92-A6 continued to be shown in the property register of Tando Adam Municipality in the name of Dasoomal Madhandas, sub-plot No. 92-A6, upon sub-division, was shown in the said register in the name of Dewandas Madhandas, who is said to have been the brother of Dasoomal Madhandas. It seems that shop or shop were built on the sub-plots 92/1 and 92-A6, which adjoin. On partition, both…

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