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Petitioner: DIN MUHAMMAD VS Respondent: SETTLEMENT AND REHABILITATION COMMISSIONER, MULTAN AND BAHAWALPUR DIVISION
1988 S C M R 312
1988 S C M R 312
Present: Shafiur Rahman and Zaffar Hussain Mirza, JJ
DIN MUHAMMAD--Petitioner
versus
THE SETTLEMENT AND REHABILITATION COMMISSIONER, MULTAN AND BAHAWALPUR DIVISION NOW REPRESENTED BY BOARD OF REVENUE, PUNJAB, LAHORE and others--Respondents
Civil Petition No. 1107 of 1980, decided on 25th November, 1987.
(Against the judgment and order of the Lahore High Court, Lahore, dated 21-5-1980 in W.P.No.1384-R of 1974).
Constitution of Pakistan (1973)--
---Art.185(3)--Evacuee property--Title--Leave to appeal--Grant of--Misreading of record--Leave to appeal granted to examine plea that factual assumptions in impugned order were totally against record of case.
Syed Afzal Haider, Advocate Supreme Court instructed by Rana Maqbool A.Qadri, Advocate-on-Record for Petitioner.
Nemo for Respondents.
Date of hearing: 25th November, 1987.
ORDER
SHAFIUR RAHMAN J.--The decision of the Settlement Commissioner impugned in Constitutional Petition proceeds on following facts accepted by the Settlement Commissioner for determining title of respective parties:-
"From the above factual position and the perusal of the impugned order, it can be easily said that the petitioner and the respondent could be entitled to what was surrendered to them by the original transferees. It was 100 sq. yards in the case of the petitioner and in case of the respondent it was only 53 sq. yds and it is just according to the surrender deeds in both the cases and that was accordingly ordered by the DSC earlier to the impugned order. This thus will show the Addl. DSC has in fact by the subsequent order reviewed the original order of the DSC which had in fact not been set aside by any competent authority. By the impugned order, the DSC has gone beyond his jurisdiction whereby an additional area has been given to the case of the respondent and certain area has been taken away from the petitioner,"
The learned counsel says that all these factual assumptions are totally against the record because there is only one order of transfer by DSC and it gives 99 sq. yds. to Abdullah, the deed of surrender is of the same date as of transfer, there was no question of review by Deputy Settlement Commissioner.
Leave to appeal is granted. Let the record be available at Lahore.
Security Rs.2500/-.
M.I./D-11/S Leave Granted