' ABDUL QADEER CHAUDHRY, J.---The petitioners seek leave to appeal against the judgment of the High Court dated 1-2-1993.
2. The dispute relates to a piece of land measuring 8 Kanals, 10 Marlas and 105 Sq.Ft. Bearing Khasra No, 1535 of Shamilat Deh of village Pakki Thatti, Tehsil and District Lahore. The learned Judge in Chamber observed that there appears to be no dispute that Khasra No, 1535 is a part of Shamilat Deh. The learned High Court further observed that there is no positive evidence whether or not the Shamilat Deh of the village Pakki Thatti had been partitioned between its Muslim and non-Muslim owners. After accepting the petition of the petitioners the case was remanded to the Chairman Evacuee Trust Property Board for its decision afresh.
3. The learned counsel for the petitioners has submitted that, according to both the parties no partition of Shamilat Deh had taken place. According to the Chairman, the whole of the Shamilat Deh was owned by Hindu owners. According to the petitioners, the Shamilat Deh was owned by the Hindus and Muslims, but no partition had taken place. There was no necessity of remanding the case to the Chairman. The learned counsel has referred to Mehr Dad v. Settlement and Rehabilitation Commissioner (PLD 1974 SC 193) wherein it has been observed that property cannot be declared evacuee until joint Khata is partitioned.
Leave is granted.