Law:

Section:

Displaced Persons (Compensation and Rehabilitation ) Act (XXVIII of 1958),Sched., Part land Constitution of Pakistan(1962),Art. 98­ Writ High Court making division of property quite different from that made by Settlement Authorities-Such interference with division, held, in excess of jurisdiction conferred by Art. 98 and not sustain­able in law-Parties later coming to compromise-Appeal disposed of in terms of joint petition for compromise. S. A. Nusrat, Advocate Supreme Court instructed by Mujahid Hussain, Advocate- on-Record for Appellant. Respondents Nos. 1 to 4 : Ex parte. Akhtar Mahmood, Advocate Supreme Court instructed by Vakil Ahmad Kidwai, Attorney for Respondent No. 5. Dates of hearing : 29th and 30th January 1970. JUDGMENT M. R. KHAN, J.-This appeal, by special leave, is from the judgment and order of a Division Bench of the High Court of West Pakistan, Karachi Bench, dismissing the appellant's Letters Patent Appeal No. 329 of 1966. The dispute giving rise to the Letters Patent Appeal related to the garages, servant quarters and the open compound comprised in the residential Bungalow No. 142/143, Garden West Karachi. The said bungalow has two storeys. It has five rooms on each floor. There are two servant quarters and one garage attached to the ground floor. Also there are three servant quarters on the first floor. The appellant, who has been in occupation of the first floor, constructed another garage at his own costs. Mr. Nasiruddin, the fifth respondent herein has been in occupation of the ground floor. The Deputy Settlement Commissioner, by his order, dated the 14th January 1960, transferred the ground floor to Mr. Nasiruddin and the first floor to the appellant. As regards the garages, servant quarters and the open compound, the Deputy Settlement Commissioner passed the following order:--- "There are two garages and 5 servant quarters in the bungalow. One garage and two servant quarters will be owned by Khan Saheb Noor Muhammad Khan and one garage and three servant quarters by Mr. Nasiraddin. The uncovered area will be shared equally by the two transferees. The other amenities and easements attached to the bungalow will be commonly enjoyed by…

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