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1985 SCMR 562

Mirza ABDUL Azizthrough His Legal Heirs vs Shahzadi TAJ BAKHT And Other

Citation1985 SCMR 562
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No.769 of 1979
Date1984-08-19
Judge(s)Muhammad Afzal Zullah, M. S. H. Qureshi
ResultPetition dismissed

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought from judgment, dated 2-7-1979 of the Lahore High Court; whereby a Constitutional petition arising out of a land settlement case, was dismissed.

2. The contesting parties were at the relevant the admittedly displaced persons holding unsatisfied P.I. Units and agricultural land could be allotted against the unsatisfied units. The petitioner although was able to get the majority of his P.I. Units satisfied, sought also the land which had been allotted against P.I. Units of the respondents. A learned Single Judge in the High Court dismissed the Constitutional petition filed by the petitioner on to grounds: One, that the order of the Settlement Commissioner treating the appeal filed by the petitioner as the-barred is unexceptionable; and, to, that on evidence both the parties stood in the same capacity, that is, sitting allottees.

3. The petitioners' explanation with regard to the the-barred appeal is that he had no knowledge of the order of allotment, which was impugned in the appeal. The Settlement Commissioner gave cogent reasons, which were accepted as valid by the High Court for holding otherwise.

4. We asked the learned counsel to satisfy us regarding the observation that on merits both the parties had almost equal case, was not correct. But he failed to make any reference to any document to show otherwise. This petition accordingly fails and is dismissed.

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