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1982 SCMR 280

Hafiz MOHKAM UD DIN vs SETTLEMENT COMMISSIONER (L) AND 2 Other

Citation1982 SCMR 280
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 407 of 1975 C. P. S. L. A. No. 471
Date1980-11-21
Judge(s)Karam Elahi Chauhan, Abdul Qadir Sheikh
ResultPetition dismissed

ORDER

1. ABDUL KADIR SHAIKH, J.--Lahore High Court has quashed proceedings against respondents Nos. 1 and 2 under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958, which were initiated by Hafiz Mohkam--ud-4in, petitioner herein, who now seeks special leave to appeal.

2. The main reason that prevailed with the High Court was that have lost in the contest, against the respondents in respect of the property in dispute, the petitioner resorted to a mukhbari application so as to reopen the same questions which were decided against him by the Additional Settlement Commissioner and the Chief Settlement Commissioner, in revision. Learned counsel appearing for the Settlement Department before the High Court was also unable toshow that the respondents had committed any fraud or misrepresentation so as to justify the initiation of proceedings against them and, therefore, the High Court held that it was "highly improper to reopen the case under these provisions", which "are to be used very sparingly and only in case where the Settlement Authorities are satisfied, after examination of record, that they have been defrauded.

3. In almost similar circumstances, this Court in C. P. S. L. A. NO. 4711of 1975, Syed Dilber Hussain v. Dr. Syed Ahmad Jamalullah and others refused to interfere with similar order passed by Lahore High Court, and we are clearly of the view that the facts of the present case also do not warrant interference by this Court.

4. The petition is, therefore, dismissed in limine.

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