Leo Et Al., V. The Land Commissioner

1955 Present : Gratiaen, J., and Swan, J.

P. M. WALTER LEO el al., Petitioners, and THE LAND
COMMISSIONER, Respondent.

S. C. 141-APPLICATION FOR A WRIT OF CERTIORARI TO QUASH
THE DECISION MADE BY THE LAND COMMISSIONER
UNDER L. R. O. APPLICATION NO. 3076.

Certiorari-"Judicial act"-Excess of jurisdiction-Burden of proof-Land Redemption Ordinance, No. 61 of 1942 (as amended by Ordinance No. 62 of 1947)-Sections 3 (1) and (4), 8-" If the Land Commissioner is satisfied "- " Agricultural land ".

If an inferior tribunal making a judicial decision has to be " satisfied " that a certain state of facts exists before adopting a permitted course of action, that state of facts must in fact exist, and the burden is on the tribunal, whose jurisdiction has been challenged, to prove the facts which give it jurisdiction. If upon the facts the excess of jurisdiction is manifest, or if the material placed before the superior Court is plainly insufficient to justify a conclusion that the limited jurisdiction has not been exceeded, certiorari will lie.

A writ of certiorari is available against the Land Commissioner if, purporting to act un

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