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1983 SCMR 230

YAQUB SHAH vs CHIEF SETTLEMENT COMMISSIONER (PUNJAB) AND Other

Citation1983 SCMR 230
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 201-F of 1982 Civil Revision No.
Date1983-11-22
Judge(s)Muhammad Afzal Zullah, Muhammad Haleem, Shafi-ur-Rehman
ResultPetition dismissed

ORDER

1. SHAFI-UR-REHMAN, J.-The petitioner seeks leave to appeal against the judgment of the Lahore High Court dated 13-11-1982 whereby a civil revision petition filed against the dismissal of the suit and its affirmance in first appeal was dismissed.

2. The petitioner claimed to have filed in 1959 KNCH form for the transfer of House AA-1158 Mohallah Akalgarh Rawalpindi. He took action in respect of it after fourteen years when the house was disposed of in public auction on 2`-1-1973. His appeal and inordinately delayed constitutional petition challenging the auction failed. He then filed a civil suit which was dismissed. So was the appeal and revision.

3. The learned counsel for the petitioner submitted that as the constitutional petition was dismissed in limine and only on the ground of laches, a civil suit was not barred.

4. The conduct of the petitioner disentitled him to any relief. For the same reason we do not consider it a fit case for grant of leave to appeal. The petition is dismissed.

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