Law: Displaced Persons (Land Settlement) Act, 1958

Section: 19, 23

 Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 19 & -23 read with Oaths Act (X of 1873), S. 4-Settlement Commissioner in revision proceedings directing further enquiry to be held by his subordinate officer-Such further inquiry, held warranted by law-Settlement Commissioner deciding case on basis of special oath taken by respondent on proposal of appellants-Appellants challenging proceedings-Held, Settlement Commissioner, as a civil Court, was, y competent to make enquiry either himself or through a subordinate officer and could administer special oath under section 4 of the Oaths Act. Appellants made a statement that if respondent M was to take an oath on the Holy Qur'an to a certain effect then the entire case might be decided in respondent's favour. The respondent took the necessary oath and the Settlement Commissioner decided the case in her favour. Appellants challenged the proceedings on the ground that the Settlement Commissioner acting in revision had no power to record evidence nor was he a Court within the meaning of section 4 of the Oaths Act, 1873: Held, that section 19 of the Displaced Persons (Land Settlement) Act, 1958, gave wide powers to the officer and there was no legal bar in the any of his conducting an enquiry either himself or through a subordinate officer. He was empowered to act as a civil Court by virtue of section 23 of the Act and was competent to administer special oath under section 4 of the Oaths Act, 1873 in accordance with the procedure embodied in sections 8 to 10 of that Act. Date of hearing : 27th May 1969. ORDER ANWARUL HAQ, J.-This appeal under clause 10 of the Letters Patent is directed against the order made by our learned brother Dr. Nasim Hassan Shah, J., on the 5th of May 1969, whereby he has summarily dismissed a petition filed by the present appellants under Article 98 of the Constitution to challenge the correctness and legality of an order passed by the learned Settlement and Rehabilitation Commissioner (L), Multan Division, on the 4th of April 1969. The relevant facts are that in a dispute between the parties regarding the inheritance of the deceased husband of the respondent Mst.…