' SAAD SAOOD JAN, J.--A unit of the property situate in Qilla Gujar Singh, Lahore was directed to be transferred by the Deputy Settlement Commissioner to Muhammad Aslam, respondent No,3.
Shortly thereafter respondent No,3 entered into an agreement of association with the petitioner. In the said agreement the mode in which the unit was to be divided between the parties was specified. The agreement was accepted by the Deputy Settlement Commissioner. However, while issuing the provisional transfer order, the mode given in the agreement was not strictly adhered to.
The petitioner moved an application before the Deputy Settlement Commissioner for the amendment of the provisional transfer order but it was dismissed. He filed a revision petition before the Settlement Commissioner but that too failed. He then invoked the Constitutional jurisdiction of the High Court to obtain relief but his petition was dismissed. He now seeks leave to appeal from this Court.
2. In support of this petition it is contended that after the agreement of association had been accepted by the Deputy Settlement Commissioner, the provisional transfer order should have been prepared in accordance with the mode of division indicated therein. This aspect of the case was then ignored both by the Settlement authorities and the High Court.
3. The contention raised in support of this petition needs examination. Leave to appeal is granted.
Security for costs in the sum of Rs,5,000. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any.