| Citation(s) |
|---|
| 1980 SLG 3323 = 1980 SLD 3323 = 1980 CLC 2103 |
Court of Special Judge, Karachi
Settlement Petition No. 1264 of 1973, decided on 14th October, 1978.
Presented By: Ajmal Mian, J
Hasan Inamullah for Petitioners.
Settlement Petition No. 1264 of 1973, decided on 14th October, 1978.
Presented By: Ajmal Mian, J
Hasan Inamullah for Petitioners.
GHULAM MUHAMMAD and 2 others---Petitioners
VERSUS
ADDITIONAL DEPUTY COMMISSIONER ADDITIONAL SETTLEMENT COMMISSIONER (LANDS) AND 3 OTHERS-Respondents
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan (1973) Art. 199 Settlement authority finding lane in dispute to be non evacuee property and also finding no interpolation or addition having been male to revenue recordFindings given being on question of fact and given by competent Tribunal, held, cannot be subjected to scrutiny in writ jurisdiction.Finding even otherwise appearing to be correct on basis of revenue record; writ petition dismissed. Hasan Inamullah for Petitioners. Date of hearing : 14th October, 1978. JUDGMENT This is a Constitutional writ petition challenging the order dated 8th November, 1973 passed by tae Additional Deputy Commissioner/Additional Settlement Commissioner (Lands) Nawabshah. The facts leading to the filing of the above petition, as disclosed in the petition, are that the petitioner's father was allotted. inter alia Survey Nos. 408/1 and 408/2 situated in Deli Muso .Dero, Taluka kandiaro on 1st December, 1958. The Petitioner filed a petition in the Court of assistant Commissioner/DSC (Land), Naushero Feroze alleging therein, that the respondents Nos. 2, 3 and 4 got mutation ire their favour to the extent of 5/4 in the revenue record as showing, nonevacuee land belonging to Haji Bhutto the uncle of respondents 2, 3 and 4 fraudulently. The above petition was heard by the Additional Deputy Commissioner/ Additional Settlement Commissioner (Land)…