Case Details

Citation(s)
2003 SLG 743 2003 SLD 743 2003 SCMR 1857
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1976-L of 2002, decision dated: 2-07-2002. (On appeal from the judgment of the Lahore High Court, Lahore, dated 17-4-2002 passed in Writ Petition No.2014 of 1993)
MUNIR A. SHEIKH AND MIAN MUHAMMAD AJMAL, JJ
Ch. Khurshid Ahmad, Advocate Supreme Court, Malik Noor Muhammad Awan, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioners. Nemo for
Respondents

AHMAD KHAN-

VS

MEMBER (CONSOLIDATION), BOARD OF REVENUE, PUNJAB, LAHORE and others

Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)--- ----S.136---Civil Procedure Code (V of 1908), S.152---Constitution of Pakistan (1973), Art. 185(3)---Shamlat Deh, partition of---Basis--­Correction of judgment----Petitioners contended that basis of partition of Shamlat Deh should be Misal Haqiat but Courts had partitioned the same on the basis of Shart Wajib-ul-Arz----Petitioners filed application under S.152, C.P.C. for correction of the judgment---Application was dismissed by the Trial Court by holding that Shart Wajib-ul-Arz was to be made the basis and not Misal Haqiat---Validity---High Court had rightly come to the conclusion that after dismissal of the suit of --Petitioners they could not agitate the same---Judgment and decree passed by High Court not suffering from any illegality, Supreme Court declined to interfere with. the same---Leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J. ---This petition for leave to appeal is directed against the judgment of the Lahore High Court, Lahore dated 17-4-2002 whereby Constitution Petition No-2014 of 1993 filed by the -Petitioners has been dismissed. 2. This case has a chequered history but we need not repeat the facts as this petition can be disposed of after taking into consideration the facts subsequent to the judgment passed by this Court regarding partition of the Shamlat Deh. 3. This Court in the previous round of litigation held that partition of Shamlat Deh shall be made on the basis of Shart-Wajib-ul-Arz 1891-92. Allah Yar and Muhammad Yar, deceased made an application under section 152, C.P.C. before the learned Additional District Judge praying that the decree dated 12-10-1967 may be corrected in the terms that measure of partition should not be Shart Wajib-ul-Arz 1891-92. This application was dismissed by the learned Additional District Judge on 23-1-1985 against which revision petition was allowed by the High Court vide its order dated 19-5-1986, which was challenged by the -Respondents before this Court in Civil Petition No.712 of 1986, which was allowed .on 16-12-1986. The -Petitioners filed a civil suit to claim the relief on the same basis which too was dismissed by holding that the judgment…
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