1. NASIM HASAN SHAH, J.-This petition is directed against the order of a learned Single Judge of the Lahore High Court dated 23-7-1976 dismissing the writ petition filed by the petitioner herein in limine.
2. Both the parties are in occupation of different parts of a house situate in Kucha Acharian, Ghumti Bazar, Lahore. Both sought transfer of the said house resulting in several rounds of litigation between them. Ultimately, in the 3rd round, the house was ordered to be transferred by the Settlement Commissioner vide his order dated 13-4-1976 to the parties in accordance with their actual possession. The petitioner being in occupation of only two rooms has, accordingly been transferred the said two rooms, while the rest of the house has gone to the respondents. The High Court considered this solution to be a just and fair resolution of the dispute and dismissed the writ petition vide its order dated 23-7-1976. Hence this petition for leave to appeal.
3. Syed Zamir Hussain, counsel for the petitioner, has been heard in support of this petition. He attempted to raise certain highly legalistic questions to assail the order of the Settlement authorities with which the High Court had refused to interfere. But we, however, are of the opinion that the order of Settlement Commissioner, who relied upon the note of the Additional Settlement Commissioner after inspection of the sport that house was capable of division and may be transferred to them in accordance with the possession of the parties, is a very fair and proper order. Such an order was mani--festly not amenable to interference by the High Court. The writ petition was, therefore, rightly dismissed and a fortiorari cannot be interfered with by this Court.
4. The petition must, accordingly, fail and is dismissed hereby.