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1981 SCMR 228

Mst. AMINA BEGUM vs ADDITIONAL SETTLEMENT COMMISSIONER, LAHORE AND

Citation1981 SCMR 228
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 305 of 1980 Writ Petition No.
Date1980-10-31
Judge(s)Maulvi Mushtaq Hussain, Muhammad Afzal Zullah
ResultPetition dismissed

ORDER

MUSHTAQ HUSSAIN, J.-The property in dispute was drawn in lots in favour of Amina Begum, petitioner Mst. Amina Bagum's case is that she entered into an agreement of association with respondent No. 4 in respect of the entire property. About nine years after this, Fatima asked for permission to pay the price and the Deputy Settlement Commissioner on 3-5-73 recommended cancellation of the agreement of association. An appeal resulted in remand of the case and on 8- 10-73 the D. S. C. Cancelled the agreement. The case was again remanded to the D. S. C. And finally on 6-7-76 the agreement was cancelled, an order which was maintained in Writ Petition No. 1150- 8,'76. . Hence this civil petition for special leave to appeal.

2. It has been contended before us that Mst. Fatima slept for nine long years before she applied for permission to pay the money. This should be enough to prove that she had in fact entered into an agreement of association. This contention has been considered by the High Court and has been correctly swa yed by the fact that "thrice over the Deputy Settlement Commissioner has recorded the finding of fact that the agreement of associ--ation was a forged document and could not be relied upon." The High Court rightly declined to reopen that question of fact and we are, of course, not supposed to do it at all.

3. Further it is not denied that the statement of the parties was not recorded when the alleged agreement of association was presented. This being a condition precedent for acceptance of the agreement, there was no agreement in the eye of law before the Settlement Authorities. This petition is therefore, dismissed in limine, and leave to appeal is refused.

Cited by 3 cases

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