| Citation(s) |
|---|
| 1998 SLG 1260 1998 SLD 1260 1998 SCMR 351 |
Supreme Court of Pakistan
C.M.A. No. 1172/1, of 1996 in Civil Petition for Leave to Appeal No. 999/L of 1995 and Civil Petition for Leave to Appeal No. 1709-L of 1996, decision dated: 14-01-1997
AJMAL MIAN AND MUKHTAR AHMAD, JUNEJO, JJ
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C.M.A. No. 1172/1, of 1996 in Civil Petition for Leave to Appeal No. 999/L of 1995 and Civil Petition for Leave to Appeal No. 1709-L of 1996, decision dated: 14-01-1997
AJMAL MIAN AND MUKHTAR AHMAD, JUNEJO, JJ
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HABIB ULLAH and others
VS
CHIEF SETTLEMENT COMMISSIONER/MEMBER, BOARD OF REVENUE and others
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIIQ of 1958)--Ss. 10 & 11---Constitution of Pakistan (1973), Art. 185(3)---Transfer of house to respondent in 1968---Transfer order in question attained finality--Petitioner did not take any legal action against such transfer for a long period of 27 years---Constitutional petition filed after 27 years was dismissed by High Court on ground that there was nothing on record to indicate that factually transferee (respondent) had applied for transfer of house in question, on behalf of petitioner and other members of family living with him---In review pressed against order of High Court it had been pointed out that petitioner's plea that respondent had applied on his own behalf and on their behalf was belied by the fact that petitioner had applied independently for transfer of house---High Court was justified in not pressing into service its Constitutional jurisdiction after expiry of 27 years in such matter which was past and closed transaction--Petition for leave to appeal to Supreme Court had, thus, no merits---Leave to appeal was refused in circumstances. S.M. Masud, Advocate Supreme Court for Petitioners Nemo for Respondents. Date of hearing: 14th January, 1997. ORDER AJMAL MIAN, J.---By this common order we intend to dispose of the above Civil Miscellaneous Application and two Petitions for Leave to Appeal. It seems that Civil Petition for Leave to Appeal No.999/L of 1995 was filed by the petitioner in August, 1995, against an order dated 11-6-1995 in Writ Petition No. 132-R of 1995, filed by the predecessor-in-interest of the present petitioner, Habib Ullah, which was directed against the order dated 15-7-1968 of the Deputy Settlement Commissioner, dismissing the same. It appears that simultaneously the petitioner also filed a Review Application in respect of the above order of the learned Single Judge dated 11-6-1995 before the High Court. After that in Civil Petition for Leave to Appeal No.999/L of 1995, on 9-6-1996 it was ordered that the above petition be consigned to record subject to the right of the petitioner to move an application for revival. It further appears that the petitioner's…
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