Law: Constitution of Pakistan, 1973

Section: 185 (3)

Constitution of Pakistan (1973) Art. 185 (3)-Leave to appeal-Finding of Settlement authority as to who among petitioners filed disputed form-A finding of fact-Such finding noticed by High Court to have been passed in implementation of earlier order of High Court-Case, held, concluded by a finding of fact and there being no omission or misreading of evidence or violation of any principle of law relevant to subject in hand no ground existed for interference.-[Finding of fact] Muhammad Hussain Munir and others v. Sikander and others P L D 1974 S C 139 ref. Date of hearing : 15th March, 1980,                                                                                                                                                  ORDER. KARAM ELAHEE CHAUHAN, J.--The dispute in this case is as to who among the petitioner (Shames-ud-Din) and Nizam Din (now-represented by his legal heirs Muhammad. Ismail and Muhammad Sharif) (respon dents 2 and 3 herein) filed a form bearing No. 9373. The case of the petitioner Shames-ud-Din was that the aforesaid Form was filed by him whereas the case of Nizam Din (deceased) was that it was he who had filed that Form. The High Court by its order dated 12th February, 1973 passed in Settlement Revision. No. 35 of 1964 remanded the case to the learned Chief Settlement Commissioner for determining as to who had filed that Form with a further direction that the land should be trans ferred to or settled upon the party who had filed that Form. After remand the learned Chief Settlement Commissioner found that the Form had been filed by Nizam Din but instead of the following the High Court's direction and transferring the land to the aforesaid claimant, he transferred it to Shames-ud-Din on certain other extraneous considera tions which strictly speaking did not fall within…