Case Details

Citation(s)
1985 SLG 887 1985 SLD 887 1985 SCMR 1606
Supreme Court of Pakistan
Civil Revision Petitions Nos. 20 and 21 of 1978, decision dated: 12-03-1985 (On review from the judgment of this Court. dated 10-4-1984, it Civil Appeals Nos. 70 and 71 of 1977)
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN ZAFFAR HUSSAIN MIRZA AND MIAN BURHANUDDIN KHAN, JJ

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Mst. SURRAYA BEGUM

VS

. Sh. ZAFAR MUHAMMAD---Respondent

Law:

Section:

Supreme Court Rules, 1980----O. XXVI, r.1--Review by Supreme Court--Plea that appeal was filed in High Court within time was within knowledge of petitioner and was matter of record--Duty of petitioner to have urged such point of objection in main appeal--Petitioner, held, was not entitled to seek indulgence of Supreme Court for consideration of new point for first time at review stage. (b) Supreme Court Rules, 1980- ----O. XXVI, r. 1--Presentation of appeal--High Court's decision was to not based on erroneous assumption as to day of presentation of appeal--Such decision being based additionally on ground that appeal in forma pauperis was not made in good faith and was to gain time to pay court-fee --Presentation of appeal being not proper without affixing court-fee --Appeal was not properly presented in High Court--Review petition rejected by Supreme Court in circumstances. Muhammad Naazar Khan, Advocate Supreme Court for Petitioner. Nemo for Respondent. Date of hearing: 12th March, 1985. ORDER ZAFFAR HUSSAIN MIRZA, J.--By these two petitions review is sought of this Court's consolidated judgment, dated 10-4-1978 by which the two appeals filed by the present petitioner were dismissed and accordingly these petitions are being disposed of by this common order. 2. The dispute between the parties relates to a house property situated at Shad Bagh, Lahore, which is owned by the respondent. The latter agreed, by means of written agreement, dated 22-12-1963, to sell the said property to the petitioner for a consideration of Rs.15,000. Out of the sale consideration the petitioner paid a total sum of Rs.12,000 in accordance with the terms of the agreement and in lieu thereof was put into possession of the property. However, the sale transaction could not be completed owing to disputes that arose between the parties resulting in multiple litigation. It is not necessary for the present purposes to go into the details of the various litigations. Suffice it to say that the respondent obtained an ex parte eviction order against the petitioner on the allegation that she was his tenant and succeeded in execution of the said order to dispossess her on 16-9-1966. On an…
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