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Civil Petition for Special Leave to Appeal No. 36 of 1968; decided on 27th June 1968.

(On appeal from the order of the High Court of West Pakistan, Lahore, dated the 16th November 1967, in Writ Petition No. 1992 of 1966).

--- Art. 98‑Question of fact -High Court, held, rightly declined to interfere with‑Special Leave to Appeal refused by Supreme Court.

Ch. Muhammad Hussain, Advocate Supreme Court instructed by Kh. Wali Muhammad, Senior Attorney for Petitioners.

Nemo for Respondents.

Date of hearing : 27th June 1968.

‑Out of 455 units of agricultural land allotted to the petitioners 107 units were subsequently cancelled by Deputy Settlement and Rehabilitation Commissioner and his order was upheld on appeal and in revision. A Division Bench of the High Court also declined to interfere with their orders in writ jurisdiction. The petitioners now seek special leave to appeal against the order of the High Court.

The learned counsel attempted to argue that the petitioners were entitled to 455 units and, as such, the Settlement Authorities were not justified in cancelling 107 units out of their allotment. It will suffice to say that the High Court has rightly declined to enter into the question of fact, namely, whether they were entitled to 455 units, as claimed by them, or to 348 units, as found by the Settlement Department.

The learned counsel then contended that under paragraph 41, Chapter, I, Part II of West Pakistan Rehabilitation Settle ment Scheme, the petitioners should have been given a chance to purchase the excess land. If they fulfil the conditions laid down in the said scheme, they should move the proper authorities for necessary permission to purchase the excess land.

There is no merit in this petition and it is, accordingly, dismissed.

Leave refused.

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