Law:

Section:

Constitution of Pakistan (1973)--- Art. 199-Question of fact-Writ jurisdiction-Finding whether petitioner indeed filed form for transfer of evacuee property or not­ Essentially a finding of fact-Such finding, held, could not be challenged in constitutional jurisdiction of High Court by filing a writ petition.­[Finding of fact]. ORDER NASIM HASAN SHAH, J. The petitioner claims to be in possession of House No. C/20, Gumti Bazar, Lahore, since 1947. He further claims that he is a non-claimant displaced person but admittedly did not file any N. C. H. form seeking the transfer of the said house when the Settlement operations commenced in 1959. He, however, claims to have filed such a form on 28-10-1966 after the promulgation of Settlement Scheme No. VIII. He further claims that no action was taken on his form and while it was still pending the property, was put to auction on 3-8-1973 and purchased by respondent No. 2 and the auction in his favour confirmed on 21-5-1973. The petitioner then flied an appeal before the Additional Settlement Commissioner against the auction held on 3-8-1971 and its confirmation on 10-7-1973. While the appeal was still pending the Evacuee Property and Displaced Persons Laws (Amendment) Act, 1973, was passed, whereby section 19 of the Displaced Persons (Compensation & Rehabilitation) Act, 1958, was omitted and sec­tion 20 was reconstituted and under subsection (2) thereof all the appeals pending before a Deputy Settlement Commissioner or an Additional Settlement Commissioner were transferred to for disposal by the Settlement Commis­sioner as revision petitions. The appeal was, therefore, treated as a revision and, accordingly, disposed of as such by Mr: Muhammad Nawaz Hashmi, Additional Settlement Commissioner, Lahore. The learned Additional Settlement Commissioner dismissed the revision mainly on two grounds, namely, that it was doubtful if the petitioner had ever filed any form which he claimed to have filed on 28-10-1966 because.. his inaction in pursuing the said form, from 1966 to 1973, militated against the assertion of having filed such form and secondly, the appeal filed on 10-7-1973 against the auction, which took place on…

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