1. ' S. USMAN ALI SHAH, J.--This is a petition for leave to appeal from the order dated 1-2-1986, whereby a learned Single Judge of the Lahore High Court, dismissed the writ petition filed by the petitioners.
2. ' The disputed property consisting of a number of shops which was owned by one Dayal Chand before partition and on 13-3-1947, he mortgaged this property with possession in favour of petitioner No,2 and father of petitioner No,1. After partition the mortgagees did not confirm the said transaction in their favour from the Custodian of Evacuee Property. The petitioners let out the said property to respondents No,3-6. After the announcement of the Revised Scheme No,VIII, the petitioners applied for its transfer and the respondents No,3-6 also applied under the said Scheme for the transfer of the shops in their respective possession, before the Deputy Settlement Commissioner who vide his order dated 17-4-1974 accepted the application of the petitioners and rejected that of the respondents No,3-6. Thus the whole of the disputed property in dispute was transferred in the names of the petitioners. Revision petition filed by the respondents No,3-6 before the Addl. Settlement Commissioner was accepted and he vide his order dated 5-7-1976 directed that the property in dispute is to be cancelled from the names of the petitioners and be transferred in the names of respondent No,3-6. Constitutional petition of the petitioners against this order was also dismissed by the Lahore High Court on 1-2-1986, against which this petition for leave to appeal before this Court.
3. 'We have heard the learned counsel for the parties and have gone through the relevant record of the case. The main question involved in this case is that the petitioners are the mortgagees under the evacuees, while the respondents admittedly were inducted as tenants by the petitioners. The question whether the non-confirmation of the mortgage in favour of the mortgagees deprived them of the claim to the transfer of the property under the Revised Settlement Scheme No, VIII on payment of the price. This is a legal question which needs consideration in the light of the judgment of a reported case "Muhammad Khan and others v. The Chief Settlement and Rehabilitation Commissioner, West Pakistan and another PLD 1962 SC 284 wherein it was held that no declaration of rights of Pakistani owners was required under the law and they were to retain possession till the date of redemption by the Custodian of Evacuee Property. Similarly, in the other reported cases, titled "Ambo Jan v. Assistant Settlement Commissioner (Land)" PLD 1975 Pesh. 244 and Abdur Rahman and another v. Deputy Settlement Commissioner PLD 1977 Lah. 576 held all the Muslim mortgagees of the transfer of evacuee property entitled under the revised Settlement Scheme No,VIII against their tenants who claim the transfer under the same Scheme.
4. ' Under the circumstances and facts of the case leave to appeal is granted. Security Rs, 5,000.
5. ' Appeal shall be made ready on the present record, however, the parties are allowed to file additional documents, if any.