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Constitution of Pakistan (1962)--------Art. 62-Review-Cannot be granted for consideration of fresh evidence which could, with due diligence, have been placed before Court at time of original rearing. M. Pervaiz Akhtar, Advocate Supreme Court instructed by M. B. Khizar Tamimi, Attorney for Petitioners. Zainul Abidin, Advocate Supreme Court instructed by Masood Akhtar, Attorney for Respondents Nos. 1 and 2. Nemo for Respondents Nos. 3 and 4. Date of hearing : 11th October 1968. JUDGMENT HAMOODUR RAHMAN, J.-This is a petition for the review of an order of this Court dismissing Civil Petition No. 171 of 1968. The review is sought on the ground that this Court had been misled into dismissing the petition by reason of a confusion created in the Courts below with regard to the question as to whether the residential portion of Killas Nos. 9 and 10 were ever allotted to the respondents herein. Up to now this case had throughout proceeded on the basis that the residential portion which was included in the allotment of the respondents was agricultural land within Killas Nos. 7 to 11 of Square No. 39 which had been allotted to the respondents. Indeed this, was the portion which, it was alleged, was at one stage declared to be a potential building site but that order was set aside in Writ Petition No. 2090-R of 1963 by the High Court of West Pakistan. Then the respondents applied for the eviction of the petitioners from this portion and the petitioners ultimately compromised those proceedings by attorn­ing as tenants to the respondents. It was in this view of the matter that it was held that it was no longer open to the petition­ers to reagitate that question. The petitioners however, now seek to set up a new case that the residential portion was actually situated in Killas Nos. 9/1 and 10/2 and was not, at any stage, allotted to the respondents. According to the petitioners the respondents were allotted only 25 Kanals from Killas Nos. 7 to…

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