' The petitioner by filing this petition seeks to challenge the order dated 28-11-1969 of the learned Additional Settlement Commissioner and the order dated 10-9-1976 passed by the learned Settlement Commissioner.
2. Learned counsel for the parties addressed arguments. During arguments on 24-3-1991, Abdul Aziz, respondent No,3 made a statement that the version of Muhammad Abdullah petitioner that the gallery extends to the entire 20 feet length of the shop is not correct and that if the gallery is found constructed over the entire 20 feet length, the entire shop be transferred to Muhammad Abdullah. Muhammad Abdullah petitioner accepted this offer and made statement that in case the statement of Abdul Aziz respondent and his counsel is found to be correct, his petition be dismissed. In view of these statements, Kh. Shaukat Ali, Advocate was appointed as local commission to inspect the spot for reporting to the Court as to the position of the gallery constructed on the shop.
3. The local commission has submitted his report. According to this report (ExA), the gallery extends over the entire 20 feet length of the shop. This report is not disputed by Abdul Aziz respondent as well as by the learned counsel for the respondents. This being the position, in view of the statement of Abdul Aziz, rspondent No,3, and Rana Abdur Rahim Khan, Advocate, learned counsel for the respondents, the order dated 10-9-1976 of the learned Settlement Commissioner impugned in this petition is hereby set aside. The shop in dispute shall be transferred to Muhammad Abdullah petitioner exclusively, as the respondents, by making statement, that if the gallery is found to be extending over entire 20 feet length of the shop, have forgone their claim.
4. The Settlement Authorities/Notified Officer concerned shall issue notice demanding payment of transfer price in accordance with law, from Muhammad Abdullah and on payment of transfer price, the transfer documents shall issue in respect of the shop in question. The transfer price paid by Abdul Aziz respondent and other respondents shall be refunded to them in cash.
5. The petition is accepted in the above terms. The parties are left to bear their own cost.