Law: Constitution of Pakistan, 1973

Section: 185

Constitution of Pakistan (1973)--Art. 185--Appeal to Supreme Court--Findings recorded in the s of Courts below were based on due and proper appreciation of evidence on record-­Concurrent findings of the functionaries of the Settlement Department and contentions of appellant essentially related to question of fact which had already been adjudicated upon by the Courts below after proper consideration of all the material on record, and rightly not interfered with by the High Court--Appeal merited dismissal in circumstances. Akhtar Mahmud, Advocate-on-Record for Appellant. S.H. Fani, Advocate Supreme Court and S.M. Abbas, Advocate-on-Record for Respondents. Date of hearing: 31st August, 1988. JUDGMENT S. USMAN ALI SHAH, J.--This appeal by leave has arisen from the judgment and order dated 18-10-1981 of the Sind High Court, whereby C.P. No. 1368 of 1974 of the appellant against the order of the Settlement Commissioner (Lands) dated 29-6-1974, was dismissed by the impugned judgment. Brief facts of the case are stated to be that the appellant is a claimant displaced person from non-agreed area. He was issued a O.P.R. No. 1534/47 dated 30-4-1959, after the verification of his claim, for 22915 produce index units, including 11158 Chahi units, by the Central Record Office Lahore, for settlement at Hyderabad, under the Rehabilitation Scheme. The appellant was allotted 522. 24-1/2 acres of agricultural land on the basis of the said O.P.R. As alleged by the appellant, out of the total 522.24-1/2 acres of land, 222.11 acres was Flow land and the remaining 300. 13-1/2 acres was Banjar Oadim land. So the case of the appellant was that the entire land measuring 522.24-1/2 acres allotted to him was wrongly calculated at the rate of 40 P.I.Us. per acre as Flow land because out of which 300.13-1/2 acres of land was Banjar Qadim which should have been calculated at the rate of 1/8th of the Flow land i.e. 5 P.I.Us. per acre, according to the Correction Slip No. ?-P-1 dated 15-8-1957. So the total for both the categories of land comes to 10395 P.I.Us. but was wrongly calculated at 21125 P.I.Us. thus causing the appellant a loss of 10730 P.I.Us. The appellant had also claimed that he…

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