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1983 SCMR 1091

Mst. REHMAT BIBI AND Another vs Mir RASHID AHMAD AND Another

Citation1983 SCMR 1091
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 65 of 1977 Petition No. 1949/R of 1976
Date1983-03-14
Judge(s)Muhammad Afzal Zullah, M. S. H. Qureshi
ResultPetition dismissed

ORDER

1. M.S.H. QURAISHI, J.-The house in question bad been transferred in favour of respondent Mir Rashid Ahmad on 13-11-1963. The petitioners challenged this transfer in 1%8 on the ground that the form filed by their predecessor-in- interest Muhammad A.I on 26-11-1959 had remained un--decided.

2. They succeeded in their effort and the house was transferred in their favour without notice to the previous transferee, but in appeal the matter was remanded. The Deputy Settlement Commissioner by his order, dated 8-10-1976 passed in rewared held the transfer made in favour of Mir Rashid Ahmad to be valid. The petitioners challenged the decision by a writ petition but the same was dismissed In limine for the Reason that neither Muhammad A.I, who is said to have died in 1961, nor his successors-in-interest, that is, the petitioners, had pressed their case for transfer until 1968, that there was no proper explanation for the delay and that even the filing of the form by Muhammad A.I accepted as a fact by the Deputy Settlement Com fled that in the circumstances of the case, the High Court was Justified in dismissing the petitioner's writ petition. The petition is dismissed.

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