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1975 SCMR 204

REHMAT ALI AND ANOTHER vs SETTLEMENT COMMISSIONER (LANDS), LAHORE

Citation1975 SCMR 204
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No, 424 of 1974
Date1974-11-11
Judge(s)Muhammad Afzal Cheema, Salahuddin Ahmad
ResultPetition dismissed

ORDER

1. ' SALAHUDDIN AHMED, J.-The petitioners have become aggrieved by the order of a learned Single Judge of the Lahore High Court dismissing the formers' review petition.

2. ' It appears that the petitioners for the first time put in an application addressed by Rehmat All to the Officer-in Charge Central Record Office in support of the review petition. The said application Jed to a report by the Naib Tehsildar that the area of Anwar Ali Shah, predecessor of the petitioners, had been verified against the claim Form No, 2177. This was relied on by the petitioners to show that there was no justification on the part of the Chief Settlement Commissioner for cancelling the allotment on claim form No 2177 on the ground of fraud and false representation.

3. ' Furthermore the learned Single Judge on an examination of the said application found that there were overwriting's regarding different dates in the application and no reasonable explanation was given for the over-writings. The learned Judge, therefore, observed that the application was not a genuine one.

4. ' We summoned the application and have ourselves examined it. We agree with the learned Single Judge that the application does contain the overwriting's. ' In these circumstances no fault can be found with the High Court for dismissing the review petition.

5. ' The contention that the High Court has failed to exercise its jurisdiction in the matter appears to be misconceived.

6. ' The petition is accordingly dismissed.

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