1. MUHAMMAD HALEEMJ-By this petition the petitioners seek to assail the order of the Lahore High Court, Lahore, dated 25th of October 1976, by which Writ Petition No. 669/R of 1976 was dismissed in limine.
2. The dispute relates to the transfer of House No. 1171 situate in Saddar Bazar, Sialkot Cantonment. It will not be worthwhile to mention the protracted litigation and the present. According to the learned counsel for the petitioners, is the sixth round of it. In this petition the order of the Deputy Settlement Commissioner dated 25th of October 1975, has been challenged on the ground that the house was not devisible and that it could not be transferred to other persons. The High Court held: The order of the division passed by the Deputy Settlement Commissioner is not by any means arbitrary in the circumstances of the case and it is not liable to be interfered with by this Court in exercise of Constitutional jurisdiction. It is well established and is truism by now that an order of division by a settlement authority of accommodation between the occupants of various portions of a property is not interfered with by this Court. The petitioner having been transferred the portion in his possession which portion after division would constitute a house, would have no locus standee to ask for another or a second house and would, therefore, have no right to question the transfer of some other house to some other person. In the present case, persons including Jammu & Kashmir refugees have been accommodated by the Deputy Settlement Commissioner by division and demarcation of the property in question. In this fifth round of litigation, persons already settled cannot be put in the jeopardy of uncertainty. There must come a time when the citizens can feel secure in their rights."
3. Having examined the order of the Chief Settlement Commissioner and the reasons given by the High Court we do not find any reason to interfere with the division of the property or its transfer to the other occupants. The portion in the occupation of the petitioner constitutes a unit which ha been transferred to him as a house. He cannot ask for the transfer of other houses constituted by other units as a result of the division of the property which, in our view, was justly made to accommodate the other occupant pursuant to the object of the Act to accommodate as many displaced person as possible.
4. Accordingly, this petition has no substance and is dismissed.