Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Mutation--Dispute with regard to mutation--Agreement to sell land--Board of Revenue remanding case to Mukhtiarkar for fresh decision according to law--Petitioners suit for specific performance of sale agreement also pending adjudication in civil Court--Order of remand challenged unsuccessfully by petitioner in writ jurisdiction--Leave to appeal--Same contentions which were advanced before High Court, re-urged--Matter having been remanded to Mukhtiarkar where all disputed questions would be resolved--Supreme Court declined to interfere-­Petition dismissed. (b) Constitution of Pakistan (1973)-----Arts. 185(3) & 199--Remand order passed by Member, Board of Revenue in exercise of revisional jurisdiction, challenged in Consti­tutional petition--Plea raised that respondents appeals were patently time-barred and this aspect was not adverted to by concerned Revenue Officers--Plea of limitation not having been raised in connection with impugned orders, order passed by Member, Board of Revenue did not suffer any legal infirmity as it was passed after full hearing on merits and therefore, was not assailable even if intermediary appellate orders passed by Revenue Officers suffered from any illegality or want of jurisdiction--Supreme Court declined to interfere and dismissed petition for leave to appeal. Pir Muhammad Farid Jan v. Colonization Officer and others PLD 1965 SC 399 and Kala v. Board of Revenue and another P L D 1985 S C 208 rel. Ghiasuddin Mirza, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 26th June, 1985. ORDER ZAFFAR HUSSAIN MIRZA, J.--The case of the petitioner, as put up by his learned counsel before us, is that he purchased the disputed land bearing survey Nos. 870, 871 and 875 with buildings thereon, situated in Deh Thano Taps Malik, District East Karachi, under an agreement for sale executed by respondent No. 1 on 3rd August, 1960. The total consideration agreed between the parties was Rs.75,000 out of which the petitioner is said to have paid Rs.70,000 at the time of the agreement, leaving the balance of price amounting to Rs.5,000 to be paid at the time of…

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