1. ' JAVID IQBAL, J.--Learned counsel for the petitioner Ghulam Mohyuddin submits that the petitioner has died. However notwithstanding his death we proceed to hear this petition for leave which is directed against the order of the Lahore High Court, Lahore, dated 22nd December, 1980.
2. ' Briefly the facts are that the respondent filed a suit for mandatory injunction against the petitioner that he should demolish his house and remove the debris constructed on a portion of a particular Khasra number which constituted part of Shamlat Dch. The land in dispute over which respondent had raised the construction was a part of a Talab (pond). According to the revenue record the pond in question was consistently declared for the common use of the village. Since this is the position the Senior Civil Judge, Jhelum decreed the suit of the respondents and the judgment of the Senior Civil Judge was affirmed in appeal by the District Judge, Jhelum. The R.S.A. Of the petitioner was dismissed on the ground that in the circumstances of the case the discretion exercised by the Courts below in ordering the demolition of the petitioner's house was quite proper and valid.
3. Learned counsel for the petitioner before us attempted to argue that the total area of the Talab was 3 Kanals 13 Marlas out of which on 1 Kanal 5 Marlas exists a mosque and on another 1 Kanal 15 Marlas houses have been constructed by other people. In other words it is claimed on his behalf that on the remaining 13 Marlas of the said land his construction should have been allowed to remain as actually no pond is in existence on the site at present, and that therefore it could not be considered as pond for common use of the village (i.e, being Mufeed-e-Aam) and that consequently it was subject to partition like the rest of Shamlat Deh. These arguments have been raised earlier and properly attended to by the learned Judge of the High Court.
4. ' After hearing the learned counsel at some length in our view no interference is called for in the impugned order of the High Court. The petition is, therefore, dismissed.