| Citation(s) |
|---|
| 1988 SLG 3013 1988 SLD 3013 1988 SCMR 313 |
Supreme Court of Pakistan
Civil Petition No.1097 of 1981, decided on 24th November, 1987. Date of hearing: 24th November, 1987. (On appeal from the judgment dated 30-9-1981 of the Lahore High Court in Writ Petition No.541-R of 1981).
NASIM HASAN SHAH, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
A.R.Shaukat, Senior Advocate Supreme Court with Ch.Mehdi Khan Mehtab, Advocate- on-Record for Petitioners. S. Abid Nawaz, Advocate-on-Record for
Respondents Nos.1 and 2.
Civil Petition No.1097 of 1981, decided on 24th November, 1987. Date of hearing: 24th November, 1987. (On appeal from the judgment dated 30-9-1981 of the Lahore High Court in Writ Petition No.541-R of 1981).
NASIM HASAN SHAH, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
A.R.Shaukat, Senior Advocate Supreme Court with Ch.Mehdi Khan Mehtab, Advocate- on-Record for Petitioners. S. Abid Nawaz, Advocate-on-Record for
Respondents Nos.1 and 2.
ABDUL KARIM AND OTHErs
VS
MUHAMMAD ABDULLAH AND OTHErs
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section: 10
Law: Constitution of Pakistan, 1973
Section: 185(3)
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- ---S.10--Constitution of Pakistan (1973), Art. 185(3)--Evacuee property--Demarcation of--Question of fact--Writ jurisdiction, exercise of--Demarcation of evacuee property--Decision of Settlement Commissioner unsuccessfully challenged in writ jurisdiction--Order impugned--Dispute being with regard to a question of fact which stood adjudicated upon by a Settlement Commissioner after proper consideration of all material on record and spot inspection of site, held, was rightly not interfered with in writ jurisdiction--Leave to appeal refused. ORDER NASIM HASAN SHAH, J.- The controversy involved in this case is whether two houses bearing Municipal Nos.l/1135 and 1/1135-A are an integral part of Property No.1/1136 situated in Mohallah Water Works, Sialkot City, or are independent premises? The Settlement Commissioner/ Administrator (R.P.), Lahore Division, Lahore, in a detailed order dated 15-8-1981, which was passed after visiting the spot and discussing all the relevant evidence, held that the disputed portions of the property bearing Nos.l/1135 and 1/1135-A were, in fact, an integral part of Property No.1/1136; hence this part of the property could not be transferred to the occupants of the property bearing Nos.l/1135 and 1/1135-A but had to go alongwith the property bearing No.1/1136, being a part of the said property. This order of the Settlement Commissioner dated 15-8-1981 was challenged by the petitioners by a writ petition before the Lahore High Court which has been dismissed. Hence this petition for leave to appeal. The dispute being with regard to a question of fact, which stood adjudicated upon by a Settlement Commissioner after proper consideration of all the material on the record and spot inspection of the site, was rightly not interfered…
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