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Petition for Special Leave to Appeal No. 32 of 1968, decided on 26th June 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated 10‑11‑1967, in Writ Petition No. 840/67).

--Sch.‑Finding of Settlement authorities that chaubara was part of shop‑One of fact not amenable to reversal in writ jurisdiction by High Court‑Writ, held, rightly dismissed by High Court‑Special Leave to Appeal refused by Supreme Court.

D. M. Awan, Advocate Supreme Court instructed by Sh. Masood Akhtar, Attorney for Petitioner.

Nemo for Respondents.

Date of hearing : 26th.June 1968.

‑The disputed chaubara was transferred to the respondent (Sher Muhammad) as a part of his shop after a spot inspection by the Deputy Settlement Commissioner, who found in terms of the remand order of the Chief Settlement Commissioner, that the chaubara was accessable by a stair‑case in the shop, which had been transferred to the respondent Sher Muhammad.

The objection that the remand order of the Chief Settlement Commissioner, dated the 24th of February 1962, was without jurisdiction, as the records of the case in the second revision had not been summoned by him before the 13th of January 1962, as required by Ordinance II of 1962 read with Ordinance XIII of 1962, was rightly overruled by the High Court firstly, because the objection was not taken before the Chief Settlement Com missioner by the petitioner, who instead participated in the proceedings after the remand and secondly, as there was no proof that the records of the case had not been summoned before the target date.

The findings of 'the relevant authorities that the disputed chaubara is a part of Sher Muhammad's shop, which is one of fact, was not amenable to reversal in writ jurisdiction and the High Court was right in declining relief.

We dismiss this petition.

Leave refused.

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