Case Details

Citation(s)
1978 SLG 221 1978 SLD 221 1978 SCMR 344
Supreme Court of Pakistan
Civil Review Petition No. 4 t R of 1975 in Civil Appeal No. 82 of 1970, decision dated: 21st February 1978.
MUHAMMAD AKRAM, DORAB PATEL AND QAISAR KHAN, JJ
Tanvir Ahmad, Advocate on-Record for Petitioner. Ch. Akhtar Ali, Advocate on-Record for
Respondents Nos. 11 13. Nemo for
Respondent No. 14

ALI MUHAMMAD (THROUGH HIS LEGAL HEIRS)

VS

HUSSAIN BAKHSH AND OTHERS

Law:

Section:

Supreme Court Rules, 1956 O. XXVI Review None of contentions raised during review pro¬ceedings clearly raised before any of settlement authorities and High Court Case proceeding in Supreme Court on basis of respondents being displaced persons from Jammu & Kashmir and such fact not denied by petitioner at bearing New pleas, held, could not be allowed to be raised for first time in review... [Review]. ORDER MUHAMMAD AKRAM, J. This is a review petition against the judgment dated 13tb of May 1975 passed by this Court dismissing the Civil Appeal No. 82 of 1970 filed by the petitioner herein against the respondents from the judgment delivered by a Division Bench of the then High Court of West Pakistan at Lahore to dismissing his Letters Patent Appeal No. 558 of 1966. The dispute relates to the disposal of Property No. 7/656 A, commonly known as Haveli Dewan Ram Chand Milkhi Ram consisting of about 18 rooms in occupation of the petitioner as well as the private respondents The petitioner is a claimant and had applied on C H form for the transfer of the portion in his possession. In spite of this, on the 22nd of December 1959, the Deputy Settlement Commissioner transferred the entire house to him. This gave rise to a protracted litigation between the parties and the order was even upheld on revision of the respondents dismissed by the Settlement Commissioner on the 31st of January 1966. The respondents writ petition against the order was also dismissed in limine. But they succeeded on their Letters Patent Appeal accepted by a Division Bench of the High Court on the 9th of April 1969 on the finding that the respondents herein were Jammu & Kashmir refugees and the transfer of the portions in their occupation in favour of the petitioner was without lawful authority and the Court directed the Settlement Commissioner to decide the question of the transfer of these portions in accordance with the provisions of the Settlement Scheme No.6 The petitioner was aggrieved against as the judgment and came up to this Court in Civil Petition for Special Leave to Appeal. On the 8th of July 1969, this Court had…
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