Case Details

Citation(s)
1972 SLG 326 1972 SLD 326 1972 SCMR 604
Supreme Court of Pakistan
Civil Review No. 15 of 1972, decision dated: 23rd November 1972.
HAMOODUR RAHMAN, C.J., WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ
Gul Muhammad Khan, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for Petitioners. Abdul Karim, Advocate-on-Record for
Respondents.

Mst. PHURI AND anothers

VS

MEMBER, BOARD OF REVENUE, PUNJAB AND 4 others--Respondents

Law:

Section:

Supreme Court Rules, 1956, O. XXVI-Review-Failure of counsel to appear on date fixed for hearing-No ground for review . JUDGMENT HAMOODUR RAHMAN, C. J.-This is t: petition for the review of a judgment of this Court delivered on the 13th of June 1972, in Civil Appeal No. 292 of 1970. The review is sought on the ground that the petitioner had never had the opportunity to show that the lands abandoned by her in India were not held by her as a limited heir, under custom, of her deceased husband. All the Courts below had proceeded on the basis of the Full Bench judgment of the High Court, in the case of Sher Muhammad v. The Additional Settlement and Rehabilitation Commissioner (P L D 1969 Lah. 234) and held that Mst. Bhuri had acquired absolute title in the evacuee lands allotted to her in Pakistan even if she was a limited owner in India. It is claimed on her behalf that the lands which she had left behind in India were not the lands of her deceased husband Mir Baz but lands which she had inedited from her own father and, therefore, sloe could not be treated as a limited owner of the lands nor could the collaterals of her deceased husband claim any right in these lands. She had come over to Pakistan as full owner of the lands and, therefore, she was entitled to be treated as such, even in respect of the evacuee lands allotted to her in Pakistan. It has, in the first place to be pointed out that when the collaterals of Mir Baz applied fur a mutation in respect of a 3/4th share of the lands allotted to her in the District of Multan after the coming Into force of the West Pakistan Muslim Personal Law (Shariat) Application Act of 1962, she did not oppose the application, even though she was present at the jalsa-e-aam. Next it has to be pointed out that, at the hearing of the appeal in this Court, the learned counsel wanted a day's time to produce the evidence in support of the petitioners' contention that the lands abandoned by her in India were those which she had inherited from her father and not from her deceased husband. This time was granted to him, but on the next day, when the appeal was called on, the learned counsel did not…
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