1. MUHAMMAD YAQUB ALI, J.-The High Court has remitted the case to the Settlement Commissioner to determine the divisibility of the house in the occupation of the parties since 20th December 1947.
2. The Deputy Settlement Commissioner had drawn lots in which the respondent succeeded, but on appeal the Additional Settlement Commissioner disapproved of this course and in the view that the petitioners had an advantage over the respondent in that their verified claim was slightly higher and they were in occupation of the ground floor gave the entire house to them. It was observed that the house was indivisible. No reason was, however, given nor any reference made to the plan or lay out of the house. The higher Settlement Authorities followed suit.
3. Learned counsel for the petitioners urged that the High Court has already held the house to be divisible. We do not find any such determination. The issue has yet to be decided by the Settlement Commissioner.
4. The petition is dismissed.