Case Details

Citation(s)
1990 SLG 1195 1990 SLD 1195 1990 SCMR 1660
Supreme Court of Pakistan
Civil Appeal No. 149 of 1985, decision dated: 4-04-1990.
NASIM NASAN SHAH, S. USMAN ALI SHAH AND NAIMUDDIN, JJ
Iftikhar Ahmad Dar, Advocate Supreme Court and S. Abid Nawa7, Advocate-on-Record (absent) for Appellant. Khakan Babar, Advocate Supreme Court and Hamid Aslam Oureshi, Advocate- on-Record (absent) for
Respondent No. 1. Imtiaz Muhammad Khan, Advocate-on-R

Messrs RIZWAN COOPERATIVE SOCIETY Ltd.

VS

Lahore High Court DEVELOPMENT AUTHORITY and others

Law:

Section:

Punjab Town Improvement Act (IV of 1922)-------S. 36---Constitution of Pakistan (1973), Art. 185---Questions raised in earlier review petitions before Supreme Court were reagitated in subsequent appeal before Supreme Court---Effect---Appellant's entitlement to land in question had been negated by Supreme Court in earlier round of litigation---Appellant's review petition against that decision was also dismissed---Appellant again attempted to re-agitate the same question in subsequent round of litigation before Supreme Court---Such question had already been considered by Supreme Court in connection with review petitions filed by appellant---Supreme Court did not deem it possible to allow appellant to re-agitate the same question all over again---High Court had rightly dismissed Constitutional petition of appellant in second round of litigation---High Court in Intra-Court Appeal was also justified in not interfering with the order passed in Constitutional jurisdiction---Appeal was dismissed in circumstances. Lahore Improvement Trust v. The Custodian Evacuee Property, West Pakistan, Lahore and others PLD 1970 Lah. 257 ref. Lahore Improvement Trust, through its Chairman v. The Custodian, Evacuee Property, West Pakistan, and others PLD 1971 SC 811 rel. JUDGMENT NASIM HASAN SHAH, J.---This appeal is directed against the judgment dated 6-5-1979 passed by a Division Bench of the Lahore High Court, Lahore, dismissing the appeal (I.C.A. No. 107 of 1979) of the appellant-Society which was directed against the dismissal of the writ petition earlier filed by it (in Writ Petition No. 1633 of 1979). 2. The dispute relates to land measuring 406 kanals, 1 marla. It forms part of land measuring 2,508 kanals, 7 marlas, which was evacuee property and was sold to the appellant-Society by the Custodian of Evacuee Property with. the sanction of the Central Government for a sum of Rs.6, 27, 087/50 by a registered sale-deed dated 1-5-1964. 3. The Lahore Improvement Trust had earlier formulated a development scheme involving acquisition of land measuring 3,100 acres under a notification dated 24-1-1957. The Trust filed a writ petition (being W.P. No.1142 of 1965) claiming that the sale…
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