BIBI AND Others vs BASHIRAN AND Other
This matter concerns a petition for special leave to appeal against a judgment of the Lahore High Court, which had dismissed a writ petition challenging an order passed by a Settlement Commissioner. The dispute originated from the inheritance of landed property owned by a displaced person, Ghulam Muhammad, which had been mutated in favor of the petitioners in 1953. Respondent No. 1, claiming to be an heir as the daughter of the deceased's daughter, challenged this mutation. Following protracted litigation, the High Court had previously remanded the case to the Settlement Commissioner, who subsequently determined that the respondent was entitled to a share in the inheritance based on evidence presented. The petitioners challenged this finding before the High Court, which dismissed their writ petition in limine. The Supreme Court of Pakistan upheld the decision, finding that the Settlement Commissioner's order was based on a factual determination supported by the petitioners' own earlier depositions. Consequently, the Court held that it would not interfere with concurrent findings of fact recorded by a competent authority, thereby dismissing the petition for lack of merit.
- Can the Supreme Court interfere with a finding of fact recorded by a competent authority when it is based on the evidence of the parties themselves?
- Is a writ petition maintainable against an order of a Settlement Commissioner that is based on a factual determination?
1. MUHAMMAD AKRAM, J. The landed property owned by Ghulam Muhammad, a displaced person from District Jullundur (East Punjab) was mutated in the names of the petitioners by the Assistant Rehabilitation Commissioner on the 19th December, 1953. Afterwards in the year 1964, respondent No. 1 filed a time-barred appeal against the order claiming as an heir to the estate as the daughter of Mst. Fatima, a daughter of deceased. This dispute concerning her right to the inheritance ultimately went up to the High Court in Writ Petition No. 159/R of 1970 filed by the respondent which was disposed of on the 22nd of April, 1975, when her case was remitted to the Settlement Commissioner for a fresh decision. On this on the 19th of November, 1975, the learned Settlement Commissioner on the basis of the voluminous evidence on the record held that the respondent was entitled to participate in the inheritance in the estate of Ghulam Muhammad being his daughter's daughter. Dissatisfied with the order the petitioners then filed the Writ Petition No. 1415 R of 1975 which was dismissed in limine by a learned Single Judge of the Lahore High Court. Hence this petition for special leave to appeal from the judgment.
2. We have heard the learned counsel for the petitioners. In the opinion of the learned Single Judge the impugned order passed by the Settlement Commissioner was concluded by a finding of fact based on the deposition of the petitioners themselves during the earlier stages of the proceedings and no exception could be taken against the finding. We, therefore, see no good reason to interfere with the finding of fact recorded by the competent authority in this behalf. This petition has no force and is dismissed.