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Constitution of Pakistan (1962)-------Art. 98-Question of fact­ Concurrent finding by tribunals below-Finding cannot be dis­turbed unless based on no evidence-High Court, held, justified in not going behind finding in writ jurisdiction-Special Leave to Appeal to Supreme Court, refused. M. Anwar, Senior Advocate Supreme Court (S. Abdul Manan, Advocate Supreme Court with him) instructed by Nasimul Haq Amjad, Attorney for Petitioner. Nemo for Respondents. Date of hearing : 14th October 1968. JUDGMENT HAMOODUR RAHMAN, J.-The dispute in this case relates to 7 acres 3 kanals and 18 marlas of land situated in Square No. 17 of Chak No. 69/5-L in Tehsil Montgomery (Sahiwal). This land was originally allotted to respondents Nos. 1 to 6 and was actually confirmed in their favour in 1952 but on the 24th September 1953, the Additional Naib-Tehsildar, Montgomery, reported that a garden existed on this plot which belonged to the evacuee owners although in the revenue papers the land was classified as merely Nehri. The Deputy Rehabilitation Commissioner, acting on this report cancelled the allotment of the respondents and ultimately, after the order of cancellation had been upheld in review and revision by the Settlement and Rehabilitation Commissioner, the entire portion was allotted to the petitioner on the 16th February 1956, by the Garden Allotment Committee as against his garden claim. The respondents then challenged this allotment by a writ petition in the High Court. This was dismissed by a learned Single Judge but on a Letters Patent Appeal the decision of the learned Single Judge was set aside and the case was remanded to the Deputy Rehabilitation Commissioner for fresh decision, after taking into consideration the evidence referred to by the learned Single Judge. After remand the Rehabilitation authori­ties, right up to the revision stage, held that the disputed property was agricultural land and not garden and, therefore, should remain in the allotment of the respondents, The petitioner, accordingly, challenged this order by a writ petition but the same was dismissed by a Division Bench of the High Court on the 10th January 1968. The petitioner now seeks special…

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