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1983SCM R7

REHMAT KHAN vs Mst. SARDAR BIBI AND Other

Citation1983SCM R7
CourtSupreme Court of Pakistan
Case No.Petition No. 26 of 1981
Date1982-03-19
Judge(s)Nasim Hasan Shah, M. S. H. Qureshi
ResultPetition dismissed

ORDER

M. S. H. QURESHI, J.-This is a petition seeking review of this Court's order dated .24-2-1981, whereby the petitioner's Civil Petition for grant of leave (No. 925 of .1975) had been dismissed. It is urged that the various portion of the property could not be transferred to the respondents as all of them had not filed form initially and that their forms filed under Settle--ment Scheme No. VIII could not be entertained during the pendency of the litigation, nor could the said portions of the property be said to have become "available" for the purposes of that' Scheme while the dispute was on.

2. We are not satisfied that the petitioner has any case for review. The property had in the course of the litigation been divided into nine units and each unit had been transferred to its respective occupant. The petition had, therefore, no locus stands to question the transfer of units which had not been in his occupation. The points now raised had been advanced all the hearing of the Civil Petition and attended to by the Bench. The review petition is, therefore, dismissed.

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