MIAN ALLAH NAWAZ, J.--The facts, briefly stated, giving rise to this review application by Fateh Muhammad and Fateh Din are; that house No.B- VIII-S-i-11 (hereinafter referred as the house) was transferred to Mst. Zainab Bibi and Mst. Bushra in earmarking scheme on 4.8.1960. These transferees surrendered their rights in favour of Abdul Razzaq (herein respondent No.3) by agreement of association which was accepted by the Additional Settlement Commissioner vide an order dated 24.6.69. After the payment of price, the P.T.D, was issued to Abdul Razzaq on 18.9.1969.
2. On 30.11.1969, Farid Bakhsh submitted an application under the Scheme No.VI for the transfer of disputed premises. The Deputy Settlement Commissioner vide an order dated 28.12.1970 rejected the application by coming to the conclusion that the disputed premises was the part of the house and already stood transferred to Abdul Razzaq. On 15.11.1969 Muhammad Ali Hassan (herein petitioner) purchased the house vide a registered sale deed dated 15.11.1969. In year 1970, Fateh Muhammad re-started his claim for transfer of disputed premises. Meanwhile Farid Bakhsh died and his grievance was taken up by Fateh Muhammad and Fazal Din. On 18.J2.1970 the Settlement Inspector after visiting the spot made report to the effect that the disputed premises stood transferred in favour of Abdul Razzaq. The Deputy Settlement Commissioner vide an order dated 28.12.1970 appended a note "approved".
3. Muhammad Ali Hassan filed eviction application against Fateh Muhammad before the Rent Controller in the year 1971, this application was accepted with the consent of Fateh Muhammad vide an order dated 30.6.1991 while Fazal Din another legal heir of Farid Bakhsh executed rent note in favour of Muhammad Ali Hassan in the year 1971 acknowledging himself to be tenant of the petitioner.
4. How to Fateh Muhammad and Fazal Din were not satisfied in respect of transfer of disputed premises and approached the Settlement Commissioner, Lahore Division to this effect. The Settlement Commissioner vide an order dated 24.4.1976 directed the Deputy Settlement Commissioner, Sheikhupura to pass a self-contained order dealing with the application of late Farid Bakhsh. In pursuance of this-order, the Deputy Settlement Commissioner passed order dated 31.7.76 by which he came to the conclusion that the disputed premises was not the part of the house transferred to Mst. Zainab Bibi and Mst. Bushra and was capable of transfer in favour of applicants. Muhammad Ali Hassan has challenged the validity of this order in Constitution Petition No.17-R/77.
7. By means of order dated 1.4.1990, this Constitution petition was accepted by me. It was held that the orders impugned in the Constitution petition were without lawful authority and benefit of legal efficacy. By means of this application, the applicants want to seek review of the afore-noted order passed by this Court.
7. Learned counsel appearing on behalf of the applicants submitted that when the Settlement Commissioner passed the order on 24.4.1976, in fact the revision petition filed by the applicants was pending, as such the Settlement Commissioner was competent to pass the impugned order.
On the strength of this fact, it was submitted that the finding of this Court that after the promulgation of Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975) the Settlement Commissioner had no authority to pass the impugned order, is not correct. It was further canvassed that since the finding of this Court was factually incorrect, error in the order of Court was apparent on the record and it was a fit case in which the order be reviewed. No other point was urged.
9. I have heard the learned counsel for the applicants at a considerable length and find no merit whatsoever in this contention. From the order, it is quite apparent that this circumstance was never pointed out in the Court at the time of hearing, as such the applicants are not entitled to raise this point, in review jurisdiction. Furthermore, it is also clear that the order was passed after hearing both the parties on the question of law as well as on the facts. It was found that Muhammad Ali Hassan filed eviction application against Fateh Muhammad before Rent Controller. This application was accepted with the consent of Fateh Muhammad and order of eviction was passed on 30.6.1971.
Fazal Din another legal heirs of Farid Bakhsh executed rent note in favour of Muhammad Ali Hassan.
Fateh Muhammad and Fazal Din were not still satisfied and kept the ball rolling. The conduct of the applicants coupled with the circumstances noted above, were considered by the Court and led to the arriving at the conclusion that the disputed property was in fact the part of the property transferred to Abdul Razzaq.
10. The point for consideration is "whether the non-consideration of this point can become a sufficient ground for the exercise of review jurisdiction under Section 114 read with Order 47 Rules 1 and 2 of the Code of Civil Procedure". It is a settled principle of law that review jurisdiction cannot be exercised lightly. It had to be exercised within the sphere of conditions and limitations prescribed under Order 47 Rule 1 C.P.C. A Court having finally decided the matter cannot re-open the same at a later stage of proceedings unless and until it is shown that the order sought to be reviewed is in flagrant violation of some statute or some statement /enunciation of law made by the Supreme Court/High Court. Reference be made to Muhammad Amir Khan Vs. Controller of Estate Duty (PLD 1962 S.C. 335), Faqir Muhammad Khan Vs. Mir.Akbar Shah (PLD 1973 S.C. 110) and Fazal Din Vs. Rehabilitation Commissioner (Lands) and 2 others (1987 CLC 1053).
11. Applying these principles to the facts and circumstances of this review application, it is quite clear to me that no circumstance has been pointed out within the parameters of Order 47 Rule 1 C.P.C, calling for interference in review jurisdiction.
12. Pursuant to the afore-noted discussion, this review application is found to be wholly without merit and is accordingly dismissed in limine.