Law: Constitution of Pakistan, 1973

Section: 199

Law: Evidence Act, (1 of 1872)

Section: 103

(a) Constitution of Pakistan (1973) Art. 199--Constitutional jurisdiction-Finding regarding land having been got allotted by fraud or misrepresentation being a finding of fact and within exclusive jurisdiction of Settlement authority, petitioner, held, could successfully challenge such finding in limited constitutional jurisdiction of High Court only if he could succeed in proving finding against him being not based on any evidence or being based on a total misreading of evidence.-[Evidence]. Chhoto v. Chief Settlement Commissioner 1978 S C M R 350 ref. (b) Evidence Act (1 of 1872) S. 103-Burden of proof-Allegation that High Court misread record in that disputed -application having beck filed on a particular date High Court read it as having been filed on a later date-Mere fact of application having been dated no proof of its having been filed on such date-Petitioner, held, bound to prove having filed application on date as alleged and such not having been done High Court could not be said td have misread record-Constitution of Pakistan (1973), Art. 199.-[Burden of proof]. Hassan Ahmad Khan Kanwar, Advocate instructed by Syed Inayat Hussain Shah, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 24th April 1979.                                                                                                                  ORDER DORAB PATEL, J.--The petitioner Habib Khan and one Tnngal, son of another Habib Khan, are both refugees from the Hissar District of India, and they had both filed claim forms for agricultural land abandoned by them in India, which were duly verified. The petitioner's claim form was numbered as Claim Form No. 3603 whilst Tungal's claim form was numbered as claim form No. 2292. As the petitioner's claim was not properly verified Mr. Kanwar stated that the petitioner had filed an objection petition as far back in 1961 which…