Law:

Section:

(a) Azad Jammu and Kashmir Land Reforms Rules--- R. 11---Successive review---Competency---No bar existed in R.11, Azad Jammu and Kashmir Land Reforms Rules that second review or succeeding review . would not lie---Successive review applications were, therefore, competent subject to question of limitation and question of grounds on which review would lie. Ghazi Muhammad v. The Custodian Evacuee Property, West Pakistan PLD 1900 Lah. 862; Dr. Muhammad Fazil Zahir v. Mst. Begum Jan PLD 1966 Lah. 53; 107 PR 1883; AIR 1915 Cal. 432 and Hari Singh v. Muhammad Said AIR 1927 Lah. 2(X) ref. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 42---Azad Jammu and Kashmir Land Reforms Rules, RAI --- Second review---Competency---High Court fell in error in holding that second review was not competent and left all other questions undecided---Second review being competent, High Court was directed to decide those points which had been left undecided by it---Case was remanded to High Court for decision afresh in accordance with law. JUDGMENT BASHARAT AHMAD SHAIKH, J.---The necessary facts for disposal of this appeal are that Mutation No.194 was sanctioned in favour of Muhammad Malik son of Dadu under the Land Reforms Act. Muhammad Malik sold the land to Karamat Ali Khan and Gul Muhammad Khan sons of Sahib Dad Khan on 9-1-1972. Sardar Ali, Akbar Ali and Walayat Begum filed a revision petition before the Land Commissioner who accepted the petition and set aside the mutation. Karamat Ali Khan and Gul Muhammad Khan, vendees, filed a review petition which was decided on 14-12-1978 and Mutation No.194 was restored. Barkat Ali, Sardar Ali and Akbar Ali filed second review petition which was accepted by the Land Commissioner on 18-5-1987 by holding that material facts had been suppressed and the previous order had been obtained from him through fraud. Mutation No.-194 as well as the decision of the Assistant Land Commissioner dated 11-9-1972 were set aside. A writ petition was filed by Karamat Ali Khan challenging the order of the Land Commissioner passed by him on 18-5-1981. The writ petition has been accepted on the ground that law did not authorise the Land…

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