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1983 SCMR 367

NAMDAR AND 2 Others vs THE ADDITIONAL SETTLEMENT COMMISSIONER

Citation1983 SCMR 367
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 1038 of 1979 Writ Petition No. 594-R of 1971
Date1982-03-13
Judge(s)Nasim Hasan Shah, M. S. H. Qureshi
ResultPetition dismissed

ORDER

1. NASIM HASAN SHAH, J.-The land in dispute was allotted .To the peti--tioners but, later on, it was discovered that the land in question was not evacuee land and belonged to the Provincial Government, hence the allotment "'as set aside by the Additional Settlement Commissioner/Chief Settlement Commissioner (Land), Faisalabad as the land in dispute was- not allotable under the Evacuee/Rehabilitation Laws.

2. The petitioners' writ petition in the Lahore High Court also failed hence this petition for leave to appeal.

3. Qazi Abdul Hayee, learned counsel for the petitioners, relied on the entries in the register of auction of land which showed that the land had been purchased by Bhagwan Singh in the year 1945 and, therefore, the land in question was an evacuee property at the time of the Partition. He has placed on the record of this Court the relevant entries of the auction pro--ceedings and submits that these documents could not be produced in the High Court as the certified copies were available only on 24-7-1979 and 31-7-1979. It is clear, therefore, that the petitioners want us to interfere with the order of the High Court on the basis of the material not produced before it. This obviously cannot be done. The petitioners may move the High Court again for the review of the order, if the law permits, on the basis of this material.

4. The order of the High Court on the material produced before it is unexceptionable. Hence this petition must fail and is dismissed hereby.

Cited by 1 case

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