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1970 SCMR 131

LABHU vs Mst. MUMTAZBEGUM

Citation1970 SCMR 131
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 297 of 1967 Letters Patent
Judge(s)Alvin R. Cornelius, Muhammad Yaqub Ali Khan
ResultLeave refused

1. CORNELIUS, C. J.-This petition seeking leave to appeal against refusal by the High Court to quash an order of a Settle--ment Authority transferring an evacuee house to one Mst. Mumtazi Begum which the petitioner had claimed for himself, is barred by time by 178 days. Property rights are involved, which have become vested in Mst. Mumtazi Begum through the petitioner's failure to move this petition in time. The causes of his failure set out in his application for condonation of the delay are (a) that his counsel in the High Court informed him of the decision "very very late," and

(b) that time was taken in obtaining legal advice and collecting money. No dates are mentioned.

2. Evidently, the delays were due to circumstances not beyond the petitioner's control. The petition is accordingly dismissed as barred by time.

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