was apparent on the face of the record. In support of his contention he has relied on the decision of a Full Bench in Syed Haider Shah v. Mukhtar Hussain Shah — 1963 PLD 548

Citation: 1963 PLD 548

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

The above observations instead of supporting the contention of the learned counsel really go against him. Even on the assumption that the finding of the Chief Settlement and Rehabili--tation Commissioner was wrong it could not be said that the error was apparent on the face of the record because it was not self evident and required investigation of facts and arguments to establish it.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Alvin R. Cornelius, Hamoodur Rahman, Fazal-e-Akbar, Dr. Sheikh Abdul JUDGMENT Reported As: 1970 SCMR 361 Result: Appeal dismissed Judgment JUDGMENT FAZLE-AKBAR, J.-This appeal by special leave is directed against the judgment and order of the High Court of West Pakistan at Peshawar announced on the 6th of March 1962. By that order the said High Court dismissed the application made by the appellants for a writ in the nature of a writ of certiorari to call for the records and to quash the order of the Chief Settlement and Rehabilitation Commissioner, Pakistan passed on 18th May 1961 whereby he upheld the order of Settle--ment Commissioner, Peshawar transferring a small shop with a Balakhana to respondent No. 1 Mst. Sardar Begum. The events which led up to the present appeal may now be briefly stated: The appellants who are brothers, were residents of Ziarat Kaka Sabeb. Some 30 years before Partition they started fur and skin business in Calcutta and also continued to stay there with their families. On the Partition of the country they returned to their ancestral home at Ziarat Kaka Sahib. The Rehabilitation Department treating them as refugees allotted to them on 18th February 1950 shop No. 706 in Chowk Yadgar in the Peshawar City where they started business in cloth. They then applied for the transfer of the said shop No. 706 as well as the Balakhana No. 707 which is on the top of the shop. On 15th October 1959 the Deputy…

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