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Constitution of Pakistan (1973)-----Arts. 185(3) a 199--Constitutional jurisdiction-Discretionary jurisdiction, exercise of--Impugned order in full accord with equity and justice, held, High Court rightly refused to interfere in exercise of its discretionary jurisdiction--Leave to appeal refused. Muhammad Arif, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate-on-Record for Petitioners. Sh. Abdul Karim, Advocate-on-Record and Ch. Attaullah, Advocate Supreme Court for Respondents. Date of hearing: 2nd December, 1980. ORDER ABDUL KADIR SHAIKH, J.--This is a petition for special leave to appeal from the judgment of Lahore High Court, dated 15-5-1975 refusing to interfere with the orders passed by the Settlement Commissioner and the Additional Settlement Commissioner, dated 25-11-1969 and 7-12-1966, respectively. By the order, dated 7-12-1966, the Additional Settlement Commissioner allowed the appeal of respondents 1 to 10 and accepted their claim to the allotment of that such portion of the land in dispute which is said to be covered by residential houses in occupation of the respondents since 1947. This order was upheld by the Settlement Commissioner in revision and the High Court also refused to interfere in the case on a petition moved by the petitioners under Article 199 of the Constitution. The facts briefly stated are that on 5-5-1953 agricultural land in Killas Nos. 5 and 9 of Square No. 16, alongwith some other area, was allotted to Mst. Janat Bibi, who later on transferred her rights in property to her sons, petitioners herein. The respondents 1 to 10 filed an appeal to the Additional Settlement Commissioner, Lyallpur claiming that an area of about 4 Kanals out of the land allotted to Mst. Janat Bibi was covered by residential houses occupied by them since 1947, and that they were the allottees of the estate, and, therefore, the area in question be excluded from the allotment made to Mst. Janat Bibi: The Additional Settlement Commissioner, on examining the record and hearing the parties, accepted the appeal for the reason that there was Ghair Mumkin Abadi even before partition, and since Ghair Mumkin Abadi cannot be allotted to the claimants of…

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