Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 10

Law: Constitution of Pakistan, 1973

Section: 199

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--   ---S.10--Constitution of Pakistan (1973), Art. 199--Constitutional jurisdiction--Finding of fact--Finding of fact recorded by forum below after visit to spot, held, not open to interference by High Court in exercise of constitutional jurisdiction.   (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--   ---S.10--Transfer of property--Settlement Commissioner after site inspection finding that value of portion of property with local occupant was in excess of Rs.10,000 and he was therefore not eligible for its transfer--Chief Settlement Commissioner upholding order of Settlement Commissioner in revision--Said orders were, however, challenged ­writ petition by said occupant but during pendency thereof, property was transferred to appellant in open auction--High Court declared order of Settlement Commissioner/ Chief Settlement Commissioner as without lawful authority holding thereby that Settlement Commissioner erred in finding that value of portion of property in possession of local occupant was in excess of Rs.10,000--Held, finding of fact recorded by Settlement Commissioner after visiting spot, was not open to interference by High Court in constitutional jurisdiction--Since local occupant was claiming transfer of portion of property, evaluation price of which exceeded value of Rs.10,000, he was ineligible for its transfer--Order of Settlement Commissioner restored in circumstances.   JUDGMENT SAAD SAOOD JAN, J.--This is an appeal by special leave from the judgment and order dated 14-4-1975 of the Peshawar High Court. It arises in the following circumstances. 2. The dispute between the parties relates to a portion of a largish bungalow, situate on the Mall, Peshawar. It was formerly numbered as 84 but has now been renumbered as 27. Prior to Independence, it was owned by M/s. D.C. Anand and Sons. In 1937 it was partitioned into three portions which were then marked as 84, 84-A and 84-B. In this appeal we are concerned only with the portion marked as 84-A. It fell to the share of four brothers, namely, Lala Amar Nath, Lala Ram Nath, Lala…

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