' SAAD SAOOD JAN, J.--The dispute in this petitin for special leave to appeal relates to a plot measuring about 9-1/2 marlas, bearing Khasra No,5757/5758, in Barkatpura near Shalamar Town, Lahore. It was evacuee property and was put to auction on 27-4-1974. The petitioners offered the highest bid and it was transferred to them.
2. Soon after the transfer respondent No,3 moved an application before the Deputy Settlement Commissioner seeking cancellation of the transfer made in favour of the petitioners on the ground that the plot had already been transferred to him on 18-12-1963 under Scheme No, VI and that he had paid the price thereof partly through cash and partly through compensation book. The Deputy Settlement Commissioner rejected the application on the ground that after the repeal of the Settlement laws, he was left with no authority to interfere with the matter. Respondent No,3 then invoked the constitutional jurisdicton of the High Court to seek relief in the matter. The High Court accepted his petition and declared the order of transfer made in favour of the petitioners to be of no legal effect. The petitioners seek leave to appeal from this Court.
3. The controversy between the parties revolved round the question whether the plot transferred to respondent No,3 was the same which had been auctioned off in favour of the petitioners.
Respondent No,3 has placed on record a photostat copy of the Assessment of Building Site prepared by the Settlement Inspector on as for back as 2-7-1964 which leaves no room for doubt that the plot transferred to him bore Khasra No, 5757/5758. On the other hand, the petitioners did not place any document refuting the claim of respondent No,3. In the circumstances, this is not a fit case for interference by this Court. Leave to appeal is refused.
Leave to .