| Citation(s) |
|---|
| 1978 SLG 250 1978 SLD 250 1978 SCMR 426 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 430 of 1978, decision dated: 27th July 1978.
ANWARUL HAQ, C.J. ARID NASIM HASAN SHAH, J
Malik Sher Bahadur, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate on-Record for Petitioners. Muhammad Ashraf Falahi, Advocate Supreme Court with Kh. Wali Muhammad, Advocate on-Record for
Respondent No. 3
Civil Petition for Special Leave to Appeal No. 430 of 1978, decision dated: 27th July 1978.
ANWARUL HAQ, C.J. ARID NASIM HASAN SHAH, J
Malik Sher Bahadur, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate on-Record for Petitioners. Muhammad Ashraf Falahi, Advocate Supreme Court with Kh. Wali Muhammad, Advocate on-Record for
Respondent No. 3
REHMAT ALI ETC.
VS
CHIEF SETTLEMENT COMMISSIONER AND others
Law:
Section:
(a) Constitution of Pakistan (1973) Art. 185(3) Leave to appeal Power of attorney authorising counsel to depute some other Advocate to appear on behalf of counsel engaged by petitioners Advocate engaged by petitioners deputing his son (an Advocate) to appear for him and such Advocate informing High Court of his desire not to press petition Petition consequently dismis¬sed as withdrawn Contention that counsel withdrawing petition had not been engaged by petitioners and he had no authority to withdraw petition, held, unfounded Petitioners could not have permitted such counsel to pursue review petition, filed later, had counsel with¬ drawing petition acted in unauthorised manner Petitioners not filing an affidavit either of counsel engaged by them or of his son stating latter having not been authorised to appear, plead, and act on their behalf High Court's view that petitioners could not in circumstances be permitted to agitate same matter again and again, held, correct. ¬ [Power of attorney]. (b) Constitution of Pakistan (1973) --- ---Art.185(3) Leave to appeal Settlement Commissioner passing order on basis of evidence available on record No relief, held, could be given to petitioners in proceedings for leave to appeal in circumstances. ORDER ANWARUL HAQ, C. J. This petition seeks leave to appeal against the judgment of the Lahore High Court dated the 2nd of April 1978, by which a Constitution petition moved by the petitioners to challenge the cancellation of an area of evacuee land from the name of the predecessor in interest of the petitioners, namely, Mst. Ramzan Begum, was dismissed. The relevant fads are that the claim filed by Mat. Ramzan Begum for grant of land abandoned by her in India was verified to the extent of 9,500 Units, out of which she obtained allotment of land to the extent of 5,000 Units in village Madar of Sheikhupura District and to the extent of 4,500 Units in village Behar of the same district. The allotments were confirmed on the 20th of July 1964. The petitioners purchased the land situate in village Madar on the 17th of December 1964. In 1969 information was laid against Mst. Ramzan Begum alleging that she had obtained excess land to…
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