Case Details

Citation(s)
1987 SLG 310 1987 SLD 310 1987 SCMR 320
Supreme Court of Pakistan
Civil Appeal No. 63 of 1982, decision dated: 25-11-1986.(Against the judgment and order, dated 9-6-1981 of the Lahore High Court, Lahore, in I.-C.A No. 62 of 1981)
MUHAMMAD HALEEM, C.J. SHAFIUR RAHMAN, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Sh. Abdul Aziz, Advocate Supreme Court instructed by Muhammad Aslam Chaudhry, Advocate-on-Record (absent) for Appellant. S. M. Naseem, Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for
Respondents Nos. 1 to 5.Khan Imtiaz Muhammad Khan,

MUHAMMAD HANIF

VS

MUHAMMAD JAVAID and 4 others

Law:

Section:

(a) Constitution of Pakistan (1973)----Arts. 185(3) is 199--Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10 & 11--Punjab Land Preservation Act (II of 1900), Ss.3, 4 & 5--Findings of fact--Interference in writ jurisdiction--Leave to appeal granted to examine whether High Court in Intro-Court Appeal was justified in law in affirming the setting aside of order of Settlement Commissioner (Land), Chief Settlement Commissioner Punjab, based on finding of fact that none of areas in which vendor of respondents was a -co-sharer in a Mauza stood protected under Act (II of 1900) and Notification issued there under. (b) Constitution of Pakistan (1973)- ---Art. 199--Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss.10 & 11--Punjab Land Preservation Act (II of 1900), Ss.3, 4 & 5---Land settlement--Resumption of land in excess of entitlement--Findings of fact by Settlement Authorities--Interference under writ jurisdiction-­Land settlement--Result of detailed factual inquiry, held, in presence of parties when all relevant records had been produced before authority exercising powers of Chief Settlement Commissioner, set aside by High Court in writ jurisdiction on a fragmantory report of Office:-on-Special Duty Records, which did not indicate basis nor referred to any Notification in field--Plea raised that finding of fact recorded by Settlement Authorities could not be set aside in Constitutional jurisdiction--Held: Finding of fact recorded by Chief Settlement Commissioner suffered from no defect in law and it was not open to interference in Constitutional jurisdiction by High -Court--Judgments impugned set aside and appeal allowed with costs: JUDGMENT SHAFIUR RAHMAN, J.-- Leave to appeal was granted to the informer in proceedings under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958 (hereinafter referred to as the Act) to examine whether the High Court by its judgment dated 12-2-1981 in Intro-Court Appeal was justified in law in affirming the setting aside of the order of the Settlement Commissioner (Land), Chief Settlement Commissioner, Punjab, based on the finding of fact that "none of the area in which Abadan…
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