MOHAMMAD RAFIQ AND 2 Others vs MIR ADAM KHAN, CHIEF SETTLEMENT AND — 1972 SCMR 308

Citation: 1972 SCMR 308

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: MOHAMMAD RAFIQ AND 2 Others vs MIR ADAM KHAN, CHIEF SETTLEMENT AND JUDGMENT

Headnotes

Case cited as 1972 SCMR 308

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title:MOHAMMAD RAFIQ AND 2 Others vs MIR ADAM KHAN, CHIEF SETTLEMENT AND JUDGMENT Reported As: 1972 SCMR 308 Result: Leave refused Judgment JUDGMENT SALAHUDDIN AHMED, J.-The dispute is over two godowns, which were found by , the Settlement Commissioner exercising powers of the Chief Settlement Commissioner to be not appurtenant to and having no connection at all with the shops allotted to the petitioners. The godowns are separated from the shops by a passage. The petitioners, to whom the said godowns were originally allotted, have contended that the Settlement Commissioner has illegally intervened in the matter in the exercise of his suo motu jurisdiction, and ordered that the godowns be put to auction. The learned Judges of the High Court have rightly held that the Chief Settlement Commissioner was legally entitled to interfere in the exercise of his suo motu powers of revision, and that his findings are findings of fact based on relevant materials and that the High Court in the exercise of its jurisdiction under Article 98 of the 1962-Constitution cannot interfere. It has also been contended that as no previous notice was given to the petitioners as regards the exercise of the revisional powers suo motu, the impugned order of the Settlement Commis--sioner is illegal. We find no substance in this contention. No prejudice has been caused to the petitioners inasmuch as they were present before…

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