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Civil Petition for Special Leave to Appeal No. 90 of 1968, decided on 28th June 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 23rd January 1968, in Writ Petition No.. 104 of 1966).

Art. 58 (3)‑Civil petition for Special Leave to Appeal‑Nothing on record to justify interference‑ Leave refused.

S. Zahir Abbas, Advocate Supreme Court instructed by S. Inayat Hussain, Attorney Supreme Court for Petitioner.

Nemo for Respondents.

Date of hearing : 28th June 1968.

‑The subject‑matter in dispute in this case is 121 acres of land which was allotted by the Collector, Multan to Ijaz Ali, respondent No. 1. The petitioner‑Society claims that the said land is included within the area allotted to it. The Member, Board of Revenue who dealt with the question observed as follows :‑

"I have seen the allotment order of the area in the Chak in favour of the Society. The land in dispute is not included in the allotment. There are also reports on the file that the land was not included in the allotment of the Society and its possession thereon was not legal. When the land in dispute has never been allotted to the Society, the Society has no authority to take its possession and allot it to the Members."

This decision was challenged in a writ petition and the learned Judges of the High Court dismissed the same holding that the finding of fact made by the Member, Board of Revenue could not be gone into in the proceedings before them unless it was shown that it was not based on any reliable documentary evidence.

Learned counsel for the petitioner has not been able to show any document to establish that the finding of the Member, Board of Revenue is without any basis.

The petition is dismissed.

Leave refused.

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