| Citation(s) |
|---|
| 1982 SLG 272 1982 SLD 272 1982 SCMR 350 |
Supreme Court of Pakistan
Review Petition No. 40-R of 1980 , decision dated: 3rd November, 1980.(On review from the order of the Supreme Court dated 16-3-1980 in Civil Petition for Special Leave to Appeal No. 687 of 1979)
ANWARUL HAQ, C.J., ASLAM RIAZ HUSSAIN AND SHAFIUR REHMAN, JJ
Muhammad Ashraf Falahi, Advocate for Petitioner.
Review Petition No. 40-R of 1980 , decision dated: 3rd November, 1980.(On review from the order of the Supreme Court dated 16-3-1980 in Civil Petition for Special Leave to Appeal No. 687 of 1979)
ANWARUL HAQ, C.J., ASLAM RIAZ HUSSAIN AND SHAFIUR REHMAN, JJ
Muhammad Ashraf Falahi, Advocate for Petitioner.
Sufi MEHDI HASSAN
VS
MUHAMMAD HANIF AND OTHERS
Law:
Section:
Supreme Court Rules, 1956----O. XXVI, r. I-Review-Contended that once allegation made with regard to commission of fraud authority bound to look into same and afford adequate remedy to parties affected -- Petitioner's claim standing satisfied, leaving in him no tangible interest in proceedings, earlier litigation coming up even to Supreme Court having determined certain matters and remand having been limited to affording a hearing to transferees with a view to determine their rights inter se and to make -appropriate adjustments in their allotments and after repeal of evacuee laws entire matter of verification of claim being not permissible to be examined at a party's request whose claim stood satisfied, petition for review dismissed.-[Review by Supreme Court]. ORDER SHAFI-UR-RAHMAN,J.-Sufi Mehdi Hassan, the petitioner, seeks review of our order dated 16-3-1980 by which leave was refused to him. 2. The petitioner laid and information against the claim and allotment of Mst. Ramzan Begum. His application was dated 15-4-1971. Earlier to it on 9-5-196.6 the Director, Enforcement, had already moved for inquiry into the allotments secured by Mst. Ramzan Begum. In dealing with these matters the Settlement Authorities cancelled the allotments secured by Mst. Ramzan Begum in District Muzaffargarh and readjusted the allotments obtained by her in District Sheikupura to bring it in accordance with her entitlement. However, as some of the transferees from the allottee had not been heard the matter had. to be sent back to the Settlement Authorities for affording them a hearing. It was during these proceedings on remand that the petitioner intervened with an application dated 28-12-1977 claiming adjudication on the very existence of the verified claim in favour of Mst. Ramzan Begum the Settlement Authorities proceeded to reopen the mattes In a Constitutional petition filed by the respondents-transferees from Mst. Ramzan Begum the Settlement Authorities were directed to keep the inquiry within the four corners of the remand order namely of adjusting the allotment in accordance with the entitlement of the petitioner keeping in view and after…
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