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1990 SCMR 1148

SAID MUHAMMAD and others vs ADDITIONAL SETTLEMENT COMMISSIONER/

Citation1990 SCMR 1148
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No,208 of 1988
Date1990-01-31
Judge(s)Abdul Shakurul Salam, Rustam S. Sidhwa
ResultPetition dismissed

ORDER

' RUSTAM S. SIDHWA, J.--This is a petition filed by Said Muhammad and other petitioners, seeking leave to appeal against the judgment of the High Court dated 2-2-1988.

2. The only question in this case is whether the petitioners, who are purchasers for value of part of the land allotted and confirmed in favour of Muhammad Shafi, which later was cancelled on the Mukhbari of Shah Din respondent No,3 and Muhammad Bashir (not a party in the present proceedings), has a right to purchase the same under section 3(1) of the Evacuee Property and Displaced Persons (Repeal) Act of 1975.

3. The land of Muhammad Shall was cancelled by the Additional Settlement Commissioner on 4-11- 1976 on the ground that the allottec had secured the same on a forged and bogus claim. The petitioners did not file writ petition till 10-3-1983, after a lapse of seven years. The finding that the vendee had no preferential claim over the informer, in view of the decision of this Court in Barkat Ali v. Syed Shahzad Nazeer 1981 SCMR 693, is also not open to question. Taking all circumstances into consideration we find no good grounds for granting leave. This petition is, therefore, dismissed.

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