Case Details

Citation(s)
1980 SLG 3037 = 1980 SLD 3037 = 1980 SCMR 287

Civil Review Petition No. 1-R of 1977 in Civil Petition for Special Leave to Appeal No. 576 of 1974, decided on 1st October, 1979. (On appeal from the order of the Supreme Court dated 22-11-76 in C. P. S. L. A. No. 576 of 1974).
Presented By: Dorab Patel, Aslam Riaz Hussain and Nasim Hasan Shah, JJ
Ch. Abdur Rahman, Baratlaw, Advocate Supreme Court instructed by Ch. Akhtar Ali, AdvocateonRecord for Petitioner. Nemo for
Respondents.

Mst. JANAT-Petitioner

VERSUS

DAULAT KHAN AND ANOTHER-Respondents

Law: Constitution of Pakistan, 1973

Section: 188

  Constitution of Pakistan (1973)  Art. 188 Petition for special leave to appeal against order of High Court maintaining allotment of land to informant under Settlement Law already dismissedNo patent error on face of record foundPetition for review dismissedSupreme Court Rules, 1956, O. XXVI.[Review]. Date of hearing :1st. October, 1979.                                                                                                                    ORDER NASIM HASAN SHAH, J.This is a petition for review directed against the judgment of this Court dated 22nd November, 1976 whereby leave was refused in C. P. S. L. A. No. 576 of 1974. Facts which form background are that Ghaus Bakhsh and Mehdi Khan sons of the petitioner (Mst. Jannat) were allotted some land in Chak No. 152/GB, Tehsil Toba Tek Singh, District Lyallpur, sometime in April, 1964, in lieu of the verified claim of their father Munshi Khan, who had since died. It appears that Mst. Jannat (the petitioner herein) and widow of Munshi Khan had also got an independent claim equivalent to 307 units in lieu of which she did not obtain any allotment. The respondent No. 1, Daulat Khan, lodged an information before the Deputy Settlement Commissioner against the sons of Munshi Khan alleging that the allotment obtained by them was in excess of their due entitlement. The Deputy Settlement Commissioner (Land) vide his order dated 28th April, 1965 found that this information correct in that land equivalent to 314 P. 1. Units had been allotted in favour of the sons of Munshi Khan in excess of their due entitlement. Treating the said Daulat Khan as an informant in this regard a direction was issued that a proposal be made for allotment of the excess land in his favour. This order of the Deputy Settlement Commissioner was not challenged by the sons of Munshi Khan. However, their mother (the petitioner herein) moved a…
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