ABDUL SHAKOOR AND 8 Others vs SETTLEMENT COMMISSIONER — 1970 SCMR 67

Citation: 1970 SCMR 67

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: ABDUL SHAKOOR AND 8 Others vs SETTLEMENT COMMISSIONER, LAHORE JUDGMENT

Headnotes

Result: Leave refused Judgment JUDGMENT S. RAHMAN, J.-The main contention around which the dispute between the parties centered in this case was as to whether the petitioners Abdul Shakoor and others, or the respondent Ghulam Rasool had constructed the premises after it had been burnt.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title:ABDUL SHAKOOR AND 8 Others vs SETTLEMENT COMMISSIONER, LAHORE JUDGMENT Reported As: 1970 SCMR 67 Result: Leave refused Judgment JUDGMENT S. A. RAHMAN, J.-The main contention around which the dispute between the parties centered in this case was as to whether the petitioners Abdul Shakoor and others, or the respondent Ghulam Rasool had constructed the premises after it had been burnt. The Settlement authorities found eventually in favour of Ghulam Rasul, and decided to transfer the property to him. The petitioners moved the High Court of West Pakistan in writ jurisdiction unsuccessfully against the order passed by the Settlement authorities. They now seek Special Leave to Appeal. The question as to who was responsible for the reconstruc--tion of the building, was one of fact and therefore, within the; jurisdiction of the departmental authorities to decide. It was mainly on this ground that the High Court declined to interfere in this case, and in our opinion, rightly. The learned Counsel, for the petitioners, Mr. Gul Nawaz Ahmad Khan, tried to argue that the Settlement authorities had not gone into the allegations made by his clients to the effect that some of the documents produced in this case, had interpolations and forgeries in the writings evidenced by them. We are unable to accede to this contention as correct. There were several remands in this case…

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