Law: Constitution of Pakistan, 1973

Section: 185(3),199

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)--Ss.10 & 11--Constitution of Pakistan (1973), Arts.185(3) & 199--Leave to appeal:, grant of--Finding of fact--Interference in Constitutional jurisdiction-­Cancellation of allotments on allegation of fraud--Non-reading of evidence ­Leave to appeal granted to examine whether it was not a case where material evidence had been ignored altogether by the Additional Settlement Commissioner and High Court had refused to interfere in Constitutional jurisdiction on ground that a finding of fact had been recorded. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)-- ---Ss.10 & 11 Allegation of fraud--Cancellation of allotment on ground that appellants were not proved to be legal heirs and successors-in-interest of deceased claimants--Concerned authority failed to trace heirs of deceased right holders whose claims were genuine and required settlement and also failed to take into consideration pedigree-tables contained in the record received from India and the connection of allottees/appellants with deceased right holder-­Appeals allowed and case remitted to notified officer to consider the effect of pedigree-table and oral evidence with regard to relationship and follow law laid down by Supreme Court in an earlier case. [p. 4281 B Mst. Khurshid Begum v. Settlement Commissioner (Lands), Sargodha and 8 others 1973 S C M R 16 ref. Abdul Majid Khan, Senior Advocate Supreme Court and Hamid Aslam ureshi, Advocate-on-Record for Appellants (in all Appeals). Respondent No.1:Ex parte (in all Appeals). Bashir Ahmed Ansari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Respondent No.2 (in all Appeals), Date of hearing: 15th June. 188. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted in these three appeals arising out of the same order of the High Court of Sind and Baluchistan dated 23rd of August, 1976 to examine whether it was not a case where material evidence has been ignored altogether by the Additional Settlement Commissioner and the High Court had refused to interfere in the Constitutional jurisdiction on the ground that a finding of fact had been recorded. One Munshi…

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