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versus


S, Part II Settlement Authorities find that the person had not occupied the shop before 20 12 58 The fact is that the High Court rightly refused to interfere with the writ jurisdiction.

1968 S C M R 1270

Present : Fazle‑Akbar, C. J. and Sajjad Ahmad, J

ABDUL GHANI‑Petitioner

versus

THE SETTLEMENT COMMISSIONER, LYALLPUR AND 3 OTHERS‑Respondents

Petition for Special Leave to Appeal No. 47 of 1968, decided on 25th June 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 4th December 1 967, in L. P. A. No. 259/1967).

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)

-- Sch., Part II‑Finding by Settlement authorities that person was not in possession of shop prior to 20‑12‑58‑ Finding of fact‑High Court, held, rightly declined to interfere in writ jurisdiction.

Sh. Abdur Rasheed, Senior Advocate Supreme Court (A. R. Shaukat, Advocate Supreme Court with him) instructed by Sh. Abdul Karim, Attorney for Petitioner.

Nemo for Respondents.

Date of hearing : 26th June 1968.

JUDGMENT

SAJJAD AHMAD, J

.‑The point is concluded by a finding of fact, reached by the Settlement authorities that the petitioner was not in possession of the disputed shop before the appointed date viz., the 20th of December 1958.

The High Court has rightly declined to re‑open and investigate this question of fact in writ jurisdiction. We see no substance in this petition for leave to appeal which is hereby dismissed.

Leave refused.

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