Law:

Section:

Civil suit Contention that petitioner's admission in previous ease having been made inadvertently petitioner be permitted to repudiate his mistake Held, petitioner could not be permitted to press his petition on a point of fact inconsistent with admission expressly made by him in his previous petition. ORDER DORAB PATEL, J. The facts relevant to this petition for leave are that the petitioner is a displaced. person from Jammu & Kashmir and bad submitted an application under Settlement Scheme No. VII, for the transfer of an evacuee building site in Havelian. This application remained pending and meanwhile the fourth respondent who was a very influential person got transferred to himself that building site for which the petitioner had applied. As soon as the petitioner learnt of this transfer in the fourth respondent's favour„ he challenged it in an appeal before the second respondent, who however, dismissed it on the ground of limitation on 16 2 1973. And on the further ground, that the petitioner had failed to prove that the fourth respondent was not in possession of the property in dispute at the relevant date, namely, 1 1 1961. The petitioner challenged this order in a revision before the third respondent, but the third respondent agreed with the second respondent's finding that the petitioner had failed to prove that the fourth respondent .was not in possession of the property at the relevant date and he also held that the petitioner had never applied for the said property therefore he dismissed the Revision on 12 1 1978. Aggrieved by this order, the petitioner filed a writ petition in. the Lahore High Court and in paragraph 2 of his writ petition he stated: "That the subject matter of this writ petition is an evacuee building site comprising Khasra No. 1049 (Min), measuring. 605 Sq: Yards, situate in the extended area of Havelian, Tehsil Abbottabad District Hazara." Now, it would appear that one Mst. Resham Jan had also applied for a property which had been allotted to the fourth respondent and this property was adjacent to that for which the petitioner had unsuccessfully applied. As like the petitioner, Mst. Resham Jan bad been unsuccessful in the…

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