1. WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the order of the former High Court of West Pakistan, Lahore, dated the 18th February, -1965, in Letters Patent Appeal No.'421` of 1964. By this order, the L. P. A. Was dismissed in limine.
2. The dispute between the parties is in respect of house No. 11/432-33, Mohallah Dharowal, Sialkot' city. This house was transferred to Allah Ditta, the predecessor- in-interest of the appellants. The house was held to be divisible by order, of the Deputy Settlement Commissioner, Sialkot, dated the 26th November 1960. The predecessor-in- interest of the appellants was in prior possession of the property and, therefore, the entire property was transferred to him. On appeal by Haji Feroze Din, the predecessor---in-interest of respondents Nos. 1 to 7, the Additional Settlement Commis-- sioner, Lahore, by order dated the 7th June. 1961, set aside the order of transfer in favour of Allah Ditta. He divided the house into two portions. The entire ground floor was given to Feroze Din and first floor to Allah Ditta, the predecessor-in-interest of the appellants. Deowri of the house in dispute was kept joint. Allah Ditta filed a revision before the Settlement Commissioner which was dismissed by him on the 17th November, 1961. A second revision petition was filed before the Chief Settlement Commis--sioner, which, was dismissed on account of change in law, on the 22nd December, 1962.
3. The appellants challenged the order in Writ Petition No. 2784/R of 1962 in the former High Court of West Pakistan, Lahore. They contended that the appellants' predecessor-in-interest was an allottee and respondents were non-allottees and, therefore, preference should have been given to the appellants' predecessor-in-interest. The writ petition was dismissed by a learned Single Judge of the High Court, by order dated the 27th February, 1964. A Letters Patent Appeal was also dismissed in limine on the 18th February, 1905. The appellants then filed a petition for special leave to appeal which was granted on the 7th May 1965. Special leave was granted to consider the question whether a non-allottee's possession could not be taken into account for holding that the house was possessed by several persons.
4. Mr. Tanvir Ahmad, learned Advocate-on-Record, frankly conceded that the point under consideration has been decided by this Court in several cases and it has been held in the cases of Barkat A.I v. Mohammad Sharij and another (PLD 1966 SC 817), Abdul Majid Shaida v. Mst. Noor Jehan and another (PLD 1967 SC 221) and Sh. Khursheed Mohammad v. The Settlement and Rehabilitation Commissioner and another (PLD 1971 SC 498), that a person holding allotment order and another person a non-allottee but otherwise in undisputed occupation of a portion of property, both stand on same footing and person having allotment could have no preference over non-allottee. In these circumstances, the decision of the High Court on the point under consideration is not open to challenge. Accordingly, the appeal is dismissed with no order as to costs.