| Citation(s) |
|---|
| 1987 SLG 1698 1987 SLD 1698 1987 SCMR 1284 |
Supreme Court of Pakistan
Civil Appeal No. 33 of 1978, decided on 28th April, 1987. (From the of the Lahore High Court, dated 16-7-1976 passed in Writ Petition No. 1252/11 of 1974).Date of hearing: 28th April 1987.
SHAFIUR RAHMAN, ALI HUSSAIN QAZILBASH AND MIAN BURHANUDDIN, JAN, JJ
Zafar Pasha, Advocate Supreme Court and M.A. Quraishi, Advocate-on-Record (absent) for Appellant. A. R. Shaukat, Senior Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for
Respondent No. 1. Imtiaz Muhammad Khan, Advocate-on-Record for Responde
Civil Appeal No. 33 of 1978, decided on 28th April, 1987. (From the of the Lahore High Court, dated 16-7-1976 passed in Writ Petition No. 1252/11 of 1974).Date of hearing: 28th April 1987.
SHAFIUR RAHMAN, ALI HUSSAIN QAZILBASH AND MIAN BURHANUDDIN, JAN, JJ
Zafar Pasha, Advocate Supreme Court and M.A. Quraishi, Advocate-on-Record (absent) for Appellant. A. R. Shaukat, Senior Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for
Respondent No. 1. Imtiaz Muhammad Khan, Advocate-on-Record for Responde
Mirza AKRAM BEG--Appellant
VS
Messrs ABDUL GHANI and others--Respondents
Law:
Section:
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S. 10--Constitution of Pakistan (1973) , Art. 185(3)--Leave to appeal granted to a P. T. D. holder of a house to examine the correctness of decision of High Court whereby finding of fact recorded by Settlement Commissioner was set aside and substituted by a finding that the house was part of an industrial concern which was sold by auction much later than the P.T.D. in question. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S. 10--Determination of extent and limits of the properties--Record of properties of year 1946-1947, being basic record, held, was of utmost importance--Record of properties made after independence if in conflict with the basic record, could not be given preference in deciding extent and limits of the property.--[Evidence]. (c) Constitution of Pakistan (1973)-- ---Art. 199--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10--Question of fact--Settlement Commissioner had taken all the relevant factors into consideration and had arrived at a conclusion at which he could competently arrive--Such decision, held, was immune from interference on a question of fact in the constitutional jurisdiction, there being no legal or jurisdictional defect in the order. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted to a P.T.D. holder of a house to examine the correctness of the decision of the Lahore High Court, dated 16-7-1976 whereby the finding of fact recorded by the Settlement Commissioner was set aside and substituted by a finding that the house was part of an industrial concern, Krishna Ice Factory, sold by auction much later than the P.T.D. of the appellant. 2. Krishna Ice Factory existed since before partition within the limits of Lahore Municipal Corporation and was given the Property No. 86-R-124. In 1953-54 when the survey of evacuee properties was undertaken by the Rehabilitation Department, it was shown therein to comprise an area of 5 Kanals 5 Marlas of which 1 Kanal 14 Marlas was covered area and 3 Kanals 11 Marlas was open. In the remarks column, the appellant was amongst others, shown as…
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