' SAAD SAOOD JAN, J.--This appeal by special leave arises out of the judgment and order dated 12- 1-82 of the Lahore High Court.
2. The dispute between the parties relates to the property left by one Jhandoo in India. He died during the disturbances in 1947. His son Nazar Hussain filed a claim in respect of the said property. The claim was, in due course verified and he was allotted land in village Manga, District Sheikhupura. On 28-2-65 a mutation of inheritance with regard to Jhandoo was sanctioned. In the mutation he was taken to have been survived by two sons, Nazar Hussain and Muhammad Hussain, and one daughter, Mst.Hamida Bibi. On 22-4-72 Mst.
Hedayat Bibi, respondent No,1, filed an appeal before the Additional Settlement Commissioner alleging that she too was a daughter of Jhandoo but had been illegally omitted from the mutation of inheritance. Her appeal was dismissed by the Additional Settlement Commissioner on the ground of limitation. She then filed a writ petition in the High Court which was allowed and a direction was given to the Assistant Settlement Commissioner to revise the mutation of inheritance so that Mst. Hedayat Bibi was also allowed a share in the property allotted against the land abandoned by her father in India.
3. The appellant who is the grandson of Jhandoo has challenged the order of the High Court through this appeal. His case is that the question whether or not Mst. Hedayat Bibi was a daughter of Jhandoo was one of fact and that it was not open to the High Court to record a finding on this question in writ jurisdiction. He stated that the direction given by the High Court that the mutation be revised and Mst. Hedayat Bibi be given a share in the property had deprived him of an opportunity to show that Mst. Hedayat Bibi was not a daughter of Jhandoo.
4. The grievance of the appellant is not insubstantial. It was not open to the learned Single Judge in the High Court to record a finding in writ jurisdiction on the question of relationship of Mst. Hedayat Bibi with Jhandoo. We would accordingly withdraw the writ issued by the learned Single Judge and remand the case to the Notified Officer for a decision on the question whether Mst. Hedayat Bibi was also a daughter of Jhandoo. In the event his finding is in the affirmative Mst. Hedayat Bibi would, no doubt, be allowed a share in the property allotted against the claim of Jhandoo. As the matter is fairly old, the Notified Officer should endeavour to dispose of the matter within six months. There will be no order as to costs of this appeal.