Law:

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Constitution of Pakistan (1973)----Art. 185 (3)-Leave to appeal-Granted to consider, inter alia, whether while rehearing case merits of all occupants in property should not be considered by same authority in order to avoid conflict of views and also to see whether all of them could not be accommodated in building in dispute when they continued to reside therein for at least last 30 years. ORDER NASIM HASAN SHAH, J.-This order will govern Civil Petition No. 227 of 1976 and Civil Petition No. 231 of 1976, as both are directed against a common judgment passed by a Division Bench of the Lahore High Court, while disposing of L. P. A. No. 246 of 1967 and L. P. A. No. 247 of 1967. It may here be mentioned that Civil Petition No. 227 of 1976 arises out of L. P. A. No. 247 of 1967 whereas Civil Petition No. 231 of 1976 arises out of the judgment passed in L. P. A. No. 246 of 1967. The petitioner in both the petitions is Muhammad Ahmad. The con­testing respondent in L. P. A. No. 246 of 1967 is Rahim Bakhsh, while the contesting respondent in L. P. A. No. 247 of 1967 in Wazir Din. All three of them are occupying parts of a residential building, namely, Property No. 680/38, situated in Bazaz Mohallah, Lahore Cantt. After protracted proceedings before the Settlement authorities, the matter eventually was brought to the Lahore High Court in its writ jurisdiction and ultimate on appeal before a Division Bench in the High Court in L. P. A. proceedings. The learned Bench hearing both the appeals on 17-12-1975 partly accepted L. P. A. No. 246 of…

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