Law:

Section:

Constitution of Pakistan (1962)--- Art. 98-Writ jurisdiction--Entire property concurrently held to be a single residential unit, no part thereof constituting an indepen­dent shop-Chief Settlement Commissioner on mukhbari application stating transferee, predecessor-in-interest of respondent, having un­lawfully secured transfer of two shops passing order for examination of case in exercise of suo motu remedial consideration but High Court in its writ jurisdiction declaring proposed action to be without lawful authority-Order of High Court, held, in full accord with intrinsic justice in case and Supreme Court would not in circumstances invoke its special discretionary jurisdiction--Constitution of Pakistan (1.9731, Art. 185(3). ORDER ABDUL KADIR SHEIKH, J.-Dispute in this case relates to property No. P-76, Ward No. 8, Montgomery Bazar, Lyallpur, which was trans­ferred to Hussain Bakhsh, predecessor-in-interest of respondents Nos. 2 to 4, by the order of the Deputy Settlement Commissioner dated 5-11-1959. This order specifically mentions that the entire house is in possession of Hussain Bakhsh leaving only two rooms on the backside with Messrs Mehar Din and Chootu refugees who are neither allottees nor claimants and have also not filed any prescribed form for the transfer of the property. They have deposed this fact vide their statements dated 17-10-1959. Hussain Bakhsh was a claimant displaced person and he had applied for transfer under C. H. Form. One Muhammad Din who occupied claim to be in possession of one of the houses filed an appeal but it was dismissed and his revision appli­cation was also rejected for the reason that the entire property is a single residential unit. Afterwards, Hussain Bakhsh succeeded in getting possession of both the aforesaid rooms and converted them, in 1963, into two shops. He rented one of these to Ghulam Muhammad, petitioner herein, and the other to one Ghulam Hussain. According to the learned Single Judge in the High Court, Ghulam Muhammad admitted in the Court, that "he occupies the shop as yet, as a tenant ". He, however, made default in payment and consequently faced ejectment proceedings. An order of eject­ment was passed on…

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