Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)-------S. 2---Constitution of Pakistan (1973), Art. 185(3)---Allotment of property--­Entitlement to---Petitioners and respondents being in occupation of disputed property laid their claim to the entire property---Settlement Authority found the property as indivisible and transferred the entire property in favour of respondents---Petitioners' Constitutional petition against the order of Settlement Authority was accepted and entire property was transferred to petitioners--­Respondents' appeal before High Court resulted in modifying the order of Single Judge to the extent that portion of property in respondents' possession was transferred to them and the rest was allowed to remain with petitioners---Leave to appeal---Predecessor-m-interest of petitioners had throughout been describing the property as easily divisible, having two separate stair-cases, entirely independent sets, division whereof, was asked by him to allow the parties to keep intact the respective portions of which they were in possession---Such fact was evident from the memo of appeal before the Deputy Settlement Commissioner as also from the grounds of revision---Record showed that right from the start of litigation both parties had never denied living together in disputed property--­Both parties being claimants displaced persons were entitled to the allotment of their respective portions in which they were in its practical occupation---Order passed by the High Court was thus unexceptional in circumstances and petitioner could not point out any infirmity therein---Leave to appeal was refused. ORDER S. USMAN ALI SHAH, J.---This petition for leave to appeal is directed against the order of the Lahore High Court, dated 25-2-1986, whereby L.P.A. No.287 of 1970 of respondents was accepted. On 12-1-1960 the entire Sohan Lal Building situated in Anarkali Lahore was transferred to Ch. Bhoora (predecessor-in-interest of the respondents) being a claimant allottee and Chiragh Din (predecessor-in-interest of petitioners) was ignored. Chiragh Din and Khuda Bakhsh filed appeal for division of the house in dispute between the parties according…

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