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NAZIR AHMAD AND OTHERS versus REHMAT ALI


Sections 4 and 21 of the Constitution of Pakistan (1973), Article 185 (3) determine the former's right to self-determination, a decision was rendered in their favor in the new court case filed under the petition filed by the defendants, earlier than the applicants. They have the right to a trial. The appellate court allowed the petitioners' appeal and overturned the trial court's decision and order, but in the second appeal, the high court had reinstated the judgment and decree passed by the applicants by the trial court. That the case was barred by the respondents further it was pleaded that they had the pre-emptive right of sovereignty as against the defendants on account of being a tenant on the suit land. The petitioners did not raise any question regarding the limitation in their petitions and for that reason no such case was presented by the TRAI. l For this reason the court failed to protest the limitation approach before the Appellant First Appellate Court and the High Court respectively, therefore, for the first time the applicants could not be allowed to argue it before the Supreme Court. ? On the other hand, the right to come in favor of the demarcation had come and the applicants did not own any property in the village nor did they succeed. On the basis of any document proving that they have a high right to self-determination, the Supreme Court refused to interfere with the decision and the leave order on the High Court of Appeal was rejected \ r \ n

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