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Civil Petition for Special Leave to Appeal No. 150‑R of 1975, decided on 9th January 1976.
(On appeal. from the judgment and order ref the Lahore High Court, made on 21‑11‑1974, in W. P. No. 494‑R of 1973).
‑‑ Sched., para. 6 ‑ Public auction ‑ Document described as "token 141"‑Not prescribed under any provision of law or instructions issued by Chief Settlement Commissioner to be conclusive evidence of auction price of evacuee property ‑ Settlement authorities after referring to various available registers, to absence of authentic auction proceedings, coming to a definite conclusion with regard to auction money, such finding on question of fact, held, leaves no room for interference.
Syed Riaz Ahmad Pirzada, Advocate and Noor Ahmad Noori, Advocate- on‑Record for Petitioner.
Nemo for Respondent.
Date of hearing : 9th January 1976.
.‑The dispute in this case concerns the amount of the auction price of 2 kanals and 6 marlas of an evacuee building site situate in Chakwal Town. The auction was held on 18‑1‑62 in favour of the petitioner but he was informed on 23‑2‑71 that the auction had been cancelled by an order made by the Deputy Settlement Commissioner on 13‑1‑68 on the ground that the auction price had not been paid as required by the conditions of the sale. The petitioner thereupon filed an appeal which was dismissed by the Additional Settlement Commissioner by big order dated 1‑11‑72. His revision petition was only partly accepted by the Settlement Commissioner by his order dated 14‑4‑73, holding that the auction price was Rs. 17,000 and not Ra. 1, i00, but the petitioner was given time to make the payment. The learned Settlement Commissioner, however, concluded his order by saying that the petitioner would not be permitted to associate with a claimant for the purpose of paying the auction price.
Aggrieved by these orders of the Settlement authorities the petitioner invoked the writ jurisdiction of the Lahore High Court, but his petition teas dismissed ‑‑to liming by a learned Judge by his order dated the 21st of November 1974. The High Court has held that there was no merit in the submission of the, petitioner that the auction price was only Rs. 1,700 and not Rs. 17,000 but it has observed that the condition imposed by the learned Settlement Commissioner regarding permission to associate with any claimant would not be given effect to if the Settlement authorities find that it is not in accordance with law.
Leave to appeal is sought on the ground Mat the Settlement authorities as well as the High Court are in error in ignoring the fact that in a token bearing No. 141 and issued by the Settlement authorities, the auction price of the property was shown as Rs. 1,700. It is submitted that in the presence of this document the price could not be held to be Rs. 17,000.
We see no merit in these submissions. Primarily, the question raised in the present petition is one of fact, and it has been answered against the petitioner by all the authorities who have dealt with this matter so far. In any case we find that document described as taken 141, and relied upon by the petitioner, is not prescribed under any provision of the law, or instructions issued by the Chief Settlement Commissioner, to, be conclusive evidence of the auction price of an evacuee property. The Settlement authorities have, alter referring to the various available registers, in the absence of authentic auction proceedings, come to the conclusion that the auction price was Rs. 17,000. We see no room for our interference in the matter.
The petition accordingly fails and is hereby dismissed.
Petition dismissed.
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