Law:

Section:

(a) Constitution of Pakistan (1973)---- Art. 199-Writ jurisdiction High Court not legally barred from interfering with a finding of fact if such finding clearly against material on record-Finding of fact although not ordinarily liable to interference in exercise of writ jurisdiction yet could be set aside by High Court in writ proceedings if not based on any evidence whatsoever or proceeding in disregard of material evidence.-[Finding of fact] (b) Settlement Scheme No. VIII- --Evacuee building site, transfer of-Applicant for transfer of building site need not have put up permanent construction on one-fourth area of plot but cannot claim more. than portion in his possession-S having been found to be in possession of a por­tion of plot, P, held, could not lay any claim to such portion. ORDER ANWARUL HAQ, C..J.--The dispute in this case concerns evacuee building site measuring 11 Marlas and 68 Sq. Ft., situate in Koocha Mahboob Raj, Lahore. The petitioner Irshad Ahmad applied for its transfer on form B. S. under Settlement Scheme No. VIII. By an order made on the 15th of April, 1974, the plot was transferred to the petitioner by the Deputy Settlement Commissioner. The respondent Sain Miraj Din thereupon filed an appeal which was accepted by the learned Settle­ment Commissioner, by his order dated 26th of June, 1974, and the case was remanded to the Deputy Settlement Commissioner for fresh inquiry and decision. By any order made on the 2nd of October, 1976, . the learned. Deputy Settlement Commissioner rejected the claim of the petitioner to the transfer of this plot. He also rejected the claim of respondent Sain Miraj Din and directed that the plot be placed in the auction list. Aggrieved by this order of the Deputy Settlement Commissioner, both the contending parties filed their respective writ petitions in the Lahore High Court, which were disposed of by a learned Judge by a single order dated the 30th November. 1976. He accepted the writ petition filed by Sain Miraj Din and directed that an area of 3 marlas out of the disputed plot be transferred to him, and in regard to the remaining portion he directed the Deputy Settlement Commissioner for deciding afresh…

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