Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Displaced Persons (Land Settlement) Act (XLVII of 1958), S 21--Leave to appeal granted to examine whether a question of fact was examined and determined by High Court though its jurisdiction was restricted to question of law arising in proceedings before Chief Settlement Commissioner. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)-----S. 21--Revision petition--Competency of--"Question of law" defined. (c) Constitution of Pakistan (1973)-----Art. 199--Displaced Persons (Land Settlement) Act (XLVII of 1958), S.21--Writ jurisdiction--Land Settlement--Revision--Finding of fact substituted by High Court based on report not mentioned in impugned order of Chief Settlement Commissioner--Jurisdiction of High Court being confined to question of law, did not extend to controversial questions of fact--Questions of law may be involved if there be misreading of certain documents and where documents having presumption of correctness were not given that presumption or an inference manifestly against record was drawn--There being no misreading of record or drawing an incorrect inference from admitted facts a substitutive order, held, could not be passed in revisional jurisdiction under S. 21 of Act (XLVII of 1958)--Judgment of High Court set aside and appeal accepted. Yaqub Khan v. Settlement Commissioner (Lands) Lahore and another 1971 SCMR 679; Nafeesa Bano and others v. Chief Settlement Commissioner West Pakistan, Lahore P L D 1969 Lah. 480; Syed Shaukat Hussain Rizvi v. K.B. Dr. Yar Muhammad Khan P L D 1974 S C 276 and Muhammad Ayub Khan v. Chief Settlement Commissioner and others P L D 1968 Lah. 495 ref. Produce Index Book published by Mansoor Book House quoted. S.M. Zafar, Senior Advocate Supreme Court instructed by Tarvir Ahmad, Advocate-on-Record for Appellant. Zakiuddin Paul, Senior Advocate Supreme Court with Rana M.A. Kadri, Advocate-on-Record for Respondents (in Civil Appeal No. 122 of 1973). Raja M. Anwar, Senior Advocate Supreme Court with Rana M.A. Kadri, Advocate-on-Record for Respondent (in Civil Appeal No. 123 of 1973). Respondents Nos. 15 to 17 (in Civil Appeal No. 122 of 1973). Date of haring:…

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