Law:

Section:

(a) Settlement of Disputes of Immovable Property (Chitral) Order (12 of 1980)--Art. 6---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider; whether limitation of ninety days provided by the Settlement of Disputes of Immovable Property (Chitral) Order, 1980, was open to review without showing grounds for condonation of delay; whether Chairman, Tribunal Land Disputes, Chitral, could entertain such a time-barred review petition; whether the question of implementation of the order of the Federal Land Commission was not involved as the petitioners were in possession, and no payment of any kind of rent, in any shape had ever been paid by them to the respondents, and therefore, the decision of the High Court proceeded on incorrect assessment of facts; and whether `Qalang' is rent and not payable to State had already been decided in favour of the petitioners, and, therefore, no interference was called for. (b) Constitution of Pakistan (1973)--- ----Art. 185(3)---New plea raised before Supreme Court for the first time--­Supreme Court ordinarily would not entertain a plea where same had not been taken before the lower forum. Ghulam Muhammad v. Abdul Qadir Khan P L D, 1983 SC 68 and Irtiqa Rashid Hashmi v. Water and Power Development Authority 1980 SCMR 722 rel. (c) Settlement of Disputes of Immovable Property (Chitral) Order (12 of 1980)--- ----Art. 6---Review---Jurisdiction---Limitation---Tribunal Land Disputes (Chitral) had the power to review orders of Federal Land Commission in exercise of its suo motu jurisdiction---Even if review application, preferred before Tribunal were out of time, Tribunal could still exercise its power of review. Siraj Din v. Sultan P L D 1990 SC 95 rel. (d) Settlement of Disputes of Immovable Property (Chitral) Order (12 of 1980)--- ----Art. 6---Enforcement of order affecting rights of parties---Mode of. An order affecting the parties could be enforced, fulfilled or performed in two manners; either by an act of the parties themselves or through the intervention of an outside agency. There was no evidence that the contesting respondents had agreed to be voluntarily bound by the orders of the Federal Land…

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