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Civil Petition No. 441 of 1976, decided on 11th February, 1979.

(On appeal from the judgment and order dated 11‑2‑1976 of the Lahore High Court at Lahore in Writ Petition No. 1415‑R‑1975).

‑‑ Art. 199‑Writ jurisdiction‑High Court's finding that impugned order passed by Settlement Commissioner being concluded by a finding of fact based on depositions of petitioners themselves no exception could be taken to such order‑No good reason, held, to interfere with finding of fact recorded by competent authority‑Constitution of Pakistan (1973), Art.

C. M. Latif Rawn, Advocate Supreme Court instructed by S. Abid Nawaz, Advocate‑ on‑Record (absent) for Petitioners.

Nemo for Respondents.

Date of hearing : 11th February 1979.

The landed property owned by Ghulam Muhammad, a displaced person from District Jullundur (East Punjab) was mutated in the names of the petitioners by the Assistant Rehabilitation Commissioner on the 19th December, 1953. Afterwards in the year 1964, respondent No. 1 filed a time‑barred appeal against the order claiming as an heir to the estate as the daughter of Mst. Fatima, a daughter of deceased. This dispute concerning her right to the inheritance ultimately went up to the High Court in Writ Petition No. 159/R of 1970 filed by the respondent which was disposed of on the 22nd of April, 1975, when her case was remitted to the Settlement Commissioner for a fresh decision. On this on the 19th of November, 1975, the learned Settlement Commissioner on the basis of the voluminous evidence on the record held that the respondent was entitled to participate in the inheritance in the estate of Ghulam Muhammad being his daughter's daughter. Dissatisfied with the order the petitioners then filed the Writ Petition No. 1415 R of 1975 which was dismissed in limine by a learned Single Judge of the Lahore High Court. Hence this petition for special leave to appeal from the judgment.

We have heard the learned counsel for the petitioners. In the opinion of the learned Single Judge the impugned order passed by the Settlement Commissioner was concluded by a finding of fact based on the deposition of the petitioners themselves during the earlier stages of the proceedings and no exception could be taken against the finding. We, therefore, see no good reason to interfere with the finding of fact recorded by the competent authority in this behalf. This petition has no force and is dismissed.

Petition dismissed.

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