Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)----Art.129(e)---Presumption of correctness of official record---Essentials--­Initially a presumption of correctness is to be drawn in favour of public record prepared by public officials in the discharge of official duties---Such presumption, however, would not apply to a record where the entries were self-contradictory. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S.4(3)---Constitution of Pakistan (1973), Art.185(3)---Entries in official record self-contradictory---No effort made by Authorities to reconcile those seemingly inconsistent entries---High Court as also Chief Settlement Commissioner were justified in not relying upon inconsistent entries in official record to hold the properties in dispute, as trust properties---No basis for interference with of High Court---Appeal being without merit was dismissed. JUDGMENT SAAD SAOOD JAN, J.--This is an appeal by special leave from the judgment of the High Court of Sind and Baluchistan, dated 21-12-1972 dismissing the appeal from an order made by an officer exercising the functions of the Chief Settlement Commissioner under section 4(3) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. 2. The dispute in this appeal relates to four properties bearing City Survey Nos. C/2117, C/2121, C/2122 and C/2123 situate in Shahi Bazar, Hyderabad City. These were treated as evacuee properties and transferred to respondents No.l to 4 by separate orders made on different dates falling between 1959 and 1964. On 4-1-1967 the Evacuee Trust Property Board made a reference to the Chief Settlement Commissioner under section 4(3), Displaced Persons (Compensation and Rehabilitation) Act, 1958 to seek a declaration to the effect that the said properties were evacuee trust properties as at the time of independence these were attached to Primusingh's Tikano. In support of its reference, the Board entirely relied upon the extracts from the Local Property Register Cards. The reference was heard by Mr. H.M. Azhar who was vested with the powers of the Chief Settlement Commissioner. By an order, dated 30-7-1969, he rejected the reference with the following…

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