Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 185(3)-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., para. 15 (3)-Leave to appeal granted to determine whether it was not a case more appropriate for remand to notified authority for recording a finding of fact afresh instead of High Court itself substituting its own finding. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) -- S. 2(3) - Rehabilitation Scheme, para. 29 - Determination of stature of property-Held, it was the use to which property was put at time of Independence which determined nature of property and also manner of its disposal. Abdul Jabbar v. Settlement Commissioner, Sheikhupura and others 1969 S C M R 114 and Shaukat Hussain Rizvi v. Dr. Yar Muhammad Khan and another P L D 1974 S C 276 ref. . (c) Constitution of Pakistan (1973) -- Art. 199-Authority not adverting to law applicable to admitted facts of case-Authority having committed error of law and jurisdiction, High Court, held, could correct such error as that did not involve unsettling any finding of fact-Principles with regard to finality of finding on a jurisdictional fact narrated. ' Muhammad Jamil Asghar v. Improvement Trust, Rawalpindi P L D 1965 S C 698 ref. Kh. Muhammad Farooq Nazir, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Appellants (in C. A. No. 44 of 1983). JUDGMENT SHAFIUR RAHMAN, J.-This judgment disposes of Civil Appeal No. 44/83 and Civil Appeal No. 45/83. Leave to appeal was granted in both to examine the judgment of the Appeal Bench of the Lahore High Court, dated 9-5-1982 to determine whether it was not a case more appropriate for remand to the notified A authority for recording a finding of fact afresh instead of the High Court itself substituting its own finding. The subject-matter of the dispute is land measuring 22 Kanals 1 Marla comprised in Khasra No. 542 measuring 11 Kanals 4 Marlas and Khasra No. 543, measuring 10 Kanals 17 Marlas within the limits of Rawalpindi Municipal Committee in the area known as Village Murir Hassan. It was shown in the revenue records of1941-42 and 1946-47 as the ownership of Hari Singh and Partap…

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