Law: Constitution of Pakistan, 1973

Section: 199,185(3)

(a) Constitution of Pakistan (1973)--   ---Arts.199 185(3)--Leave to appeal was granted to consider as to whether High Court, in its Constitutional jurisdiction, was in error in not exercising the discretion in favour of petitioners who were the legal representatives of the sitting allottee of the estate from whose Khata confirmed land was cancelled in the absence of any finding that she was not entitled to the final allotment or confirmation of the land in dispute. (b) Constitution of Pakistan (1973)-- ---Art.199--Allotment of estate--Cancellation of allotment of land in the absence of any finding that allottee was not entitled to the final allotment--Constitutional jurisdiction of High Court-- Laches--Delay of seven years--Discretionary relief--Cancellation of allotment was challenged by the heirs of allottee which thus assumed finality--Reasons given by the High Court for withholding the relief being just and proper, Supreme Court declined to interfere. JUDGMENT MUHAMMAD HALEEM, C.J.--Leave to appeal was granted to consider whether the High Court was in error in not exercising the discretion in favour of the appellants who are the legal representatives of Mst.Fatima the sitting allottee of the estate from whose Khata 70 Kanals of confirmed land was cancelled in 1964 in the absence of any finding that she was not entitled to the final allotment or confirmation of the land in dispute. Mst.Fatima, predecessor-in-interest of the appellants was confirmed 120 Kanals of land in lieu of her verified claim. It was subsequently reduced to 94 Kanals 8 Marlas pursuant to a general order of the Rehabilitation Commissioner. The allotment of land was challenged by one Ali Muhammad in appeal on the ground that she was not a sitting allottee of the estate but this appeal was dismissed and a revision filed against it was also dismissed. Thereafter, one Moosa also challenged the allotment of land made in favour of Mst.Fatima. His appeal was allowed, and the case was remanded to examine the question as to whether she was the sitting allottee of the estate. On remand, a finding was given that she was a sitting allottee and notwithstanding this finding of fact 70 Kanals of…

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