Law: Constitution of Pakistan, 1956

Section: Art. 170

  Constitution of Pakistan (1956), Art. 170-Finding of fact When can be interfered with.   Ordinarily a Court called upon to issue a writ has to accept as correct the findings of fact given by a Tribunal of exclusive jurisdiction. This, however, does not mean that the findings of fact given by a Tribunal of exclusive jurisdiction are sacrosanct under all circumstances. If a Tribunal of exclusive jurisdiction had, when arriving at a finding of fact, misread the evidence, or bad considered evidence which could not have been considered at all, or bad failed to consider evidence which it was bound to consider or should have considered, the finding of the Tribunal of exclusive jurisdiction cannot claim immunity from examination by the Court which possesses power to issue a writ against orders of a Tribunal of exclusive jurisdiction.   Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),S. 2(4), proviso-Chief Settlement Commissioner not competent to declare what is ordinarily more than one house to be one house for purposes of Act-Declaration vice versa, however, competent.   Constitution of Pakistan (1956), Art: 170-Tribunal's order setting at naught purpose of law-Could be rendered ineffective by writ. JUDGMENT   SHABIR AHMED, A. C. J.-Third appeal under clause 10 of the Letters Patent of this Court is directed against the order passed by my learned brother S. A. Mahmood on the 7th of November 1961, whereby he accepted Writ Petition No. 178-R of 1961, which had been presented by Dr. Abdur Rauf with a view to having the order of the Chief Settlement Commissioner dated the 16th of January 1961 and that of Mr. Farzand Ali Khan, Settlement Com missioner, Lahore, dated the 28th of April 1960, made ineffective so that Mr. N. M. Khan and his wife, who were respondents Nos. 2 and 3, respectively, in the writ petition, should not Interfere with his possession. The appeal has been presented by Mr. N. M. Khan and his wife with a view to having the writ issued by the learned Judge in Chambers quashed and the order of the transfer of some property made in favour of Mr. N. M. Khan restored. The Chief Settlement Commissioner has…