Pakistan Case LawMajor (Retd.) S.A. QAYYUM Versus SECRETARY (URBAN) And Other
This petition for leave to appeal arose from a dispute over the ownership of 20 marlas of land, which the petitioner claimed was part of a property known as 'Chappar' previously transferred to his predecessors-in-interest. Conversely, the Deputy Settlement Commissioner had transferred the same land to respondent No. 3 via a Permanent Transfer Deed (PTD), who subsequently sold it to respondent No. 4. The petitioner challenged the High Court's dismissal of his constitutional petition, which had declined to interfere with the Settlement Authorities' findings. The core legal question was whether the disputed land constituted part of the 'Chappar' property or remained available for transfer as evacuee property. The Supreme Court observed that the Settlement Authorities had thoroughly examined the factual record and determined the land was not part of the 'Chappar' property. Consequently, the Court held that the High Court correctly refused to interfere with these factual findings in its constitutional jurisdiction. The principle laid down is that the Supreme Court will not re-examine concurrent findings of fact made by specialized Settlement Authorities when exercising constitutional jurisdiction.
- Can the High Court interfere with factual findings made by Settlement Authorities in its constitutional jurisdiction?
- Is a dispute regarding whether a specific plot of land is part of a previously transferred property a question of fact?
- Does the Supreme Court grant leave to appeal against the dismissal of a writ petition that relies on concurrent findings of fact by lower authorities?
ORDER
S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioner against the order of the Lahore High Court, dated 5-2-1986, whereby his writ petition was dismissed.
The matter in dispute in this petition is relating to 20 marlas of the disputed land which is a portion of the property known as `Chappar' and was allotted to Muhammad Iqbal, Muhammad Khan and Muhammad Azam by the Central Government and the petitioner purchased the same from them vide registered sale-deed While the Deputy Settlement Commissioner transferred the disputed land of 20 marlas to Ch. Nazir Ahmad, respondent No.3 vide PTD dated 6-2-1973, who had alienated the same to Rana Arshad respondent No.4 by way of sale-deed. The petitioner made representation before the M.B.R. (Settlement and Rehabilitation Wing) on which no action was taken. He then challenged the matter before the Lahore High Court through a constitutional petition which was dismissed being non-competent, vide impugned judgment.
We have heard the learned counsel in support of this petition and have gone through the relevant record of the case. We have observed that the main question for determination in this case is whether 20 marlas of the disputed land were already the part of the `Chappar' in suit or not. The learned counsel for the petitioner asserted that the property known as `Chappar' has already been transferred to the predecessor of the petitioner. The learned counsel also referred to the para-wise comments of the department stating therein that the record of the department does not show the disputed property as forming part of the Chappar. The report of the Deputy Settlement Commissioner was read out, according to which the plot being put to auction was an evacuee property and has not so far been disposed of, therefore, it will be auctioned today. Now, the question whether the disputed portion of the property was a part of the `Chappar' transferred to Muhammad Iqbal, predecessor-in-interest of the petitioner, and if not so, is available for the transfer to the respondent No.3 is the question of fact which has thoroughly been examined by the Settlement Authorities and decided in favour of the respondent No.3 which was rightly not interfered by the learned High Court in its constitutional jurisdiction.
The result is that this petition has no merit for consideration of this and is hereby dismissed.
Judges on this bench
- Nasim Hasan Shah3,148 judgments
- S. Usman Ali Shah326 judgments