Law:

Section:

Constitution of Pakistan (1962)---- Art. ,.98-Writ jurisdiction ­Finding of Settlement Authorities as to divisibility of house-Can­not be interfered with by High Court in writ jurisdiction ­Displaced Persons (Compensation and Rehabilitation) Act (XXVI1I of 1958), Sched., Part I. JUDGMENT M. R. KHAN, J.-The dispute in this case relates to House No. A/115-2265/1-2 Hyderabad which consists of two-bed rooms and one sitting room on the ground floor, three rooms on the first floor and one room on the second floor. The two-bed rooms on the ground floor are in possession of Mistri Muhammad Umar, the third respondent herein, but the sitting room on the ground floor as well as the entire first floor and the room on the second floor have been in possession of the petitioners. Mistri Abdul Aziz, the predecessor-in-interest of the petitioners was allotted the entire building on the 9th February 1948. In 1959, he submitted a C. H. Form for the transfer of the entire building. In the same year, the respondent No. 3 also submitted a C. H: From. A P. T. O. was issued in favour of Mistri Abdul Aziz in respect of the rooms in his possession and another P. T. O. in favour of the respondent No. 3 was issued in respect of the rooms in his possession. Mistri Abdul Aziz went on appeal and succeeded in getting an order of transfer of the entire building. The respondent No. 3 filed successive applications for revision but did not succeed. He then filed a writ petition in the High Court challenging the transfer of the entire building to Mistri Abdul Aziz. The High Court accepted the writ petition and remanded the case to the Deputy Settlement Commissioner to rehear the parties and to come to a conclusion whether the ground floor could be con­veniently divided from the first and the second floors and transferred as a separate unit. The…

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