Law:

Section:

Constitution of Pakistan (1962), Art. 98---Question of fact----­High Court, in writ jurisdiction, not to decide disputed questions of fact-Finding of fact if based on no evidence or misreading o) evidence can be interfered with but nevertheless proper course is to remand case back to lower Tribunal for decision. The High Court, in the exercise of its writ jurisdiction, does not act as a Court of facts and ought not to enter into and decide disputed questions of fact, although it can interfere with a finding of fact given by a subordinate Court or a tribunal or other authority if the finding is based on no evidence or is based on a complete misreading of the evidence. Where, therefore, the High Court in writ petition decided certain questions of fact which the Rehabilitation Authorities below had no occasion to determine, it was held, that the High Court was plainly wrong inasmuch as it had exceeded the writ jurisdiction available to it and had usurped the functions of the Rehabilitation Authorities. JUDGMENT M. R. KHAN, J.-----This appeal, by special leave, is from the judgment of a Letters Patent Bench of the High Court of West Pakistan at Lahore, arming the decision of a learned Single Judge of that Court in a writ petition, whereby the order of the Assistant Rehabilitation Commissioner of Gujrat, dated the 29th May 1960, confirming certain agricultural lands in village Majra, District Gujrat, in favour of the appellant was quashed. The dispute in respect of two said lands arose in the following circumstances:- The appellant Nawaza and the respondents' predecessor-in-interest Faiz Muhammad were displaced persons. The appellant claimed to have abandoned in Patiala State, India, his self-acquired 115 Bighas of lands. Besides, he claimed to have owned 46 bighas and 4 biswas of ancestral lands in that State. With regard to both the self-acquired and ancestral lands, he submitted Claim No. 2126 which was duly verifed on the 26th July 1950. In lieu of the said 115 bighas of lands, he was allotted lands in village Sarojada in the District of Gujrat on the 27th August 1953. His claim in respect of the ancestral lands remained unsatisfied. Accordingly, he made an…

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