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Civil Petition for Special Leave to Appeal No. 54 of 1968, decided on 25th June 1968.
(On appeal from the order of the High Court of West Pakistan, Lahore, dated the 16th November 1966, in Writ Petition No. 1030‑R of 1966).
Sch., Part. I‑Contest for transfer between A, B and C‑House transferred to A and whereas B pursuing litigation up to Supreme Court C his brother‑in‑law making no grievance till B finally unsuccessful in Supreme Court‑C, held, not entitled to start a second round of litigation after his brother‑in‑law B's exhausting unsuccessfully all his legal remedies‑Writ petition held, rightly dismissed by High Court.
Khan Hamid Ali Khan Sherwani, Advocate Supreme Court instructed by Nasimul Haq Amjad, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 25th June 1968.
‑The dispute in this case is with respect to the residential quarter in Ihata No. S‑64‑R‑80 New Anarkah, Lahore. There were three claimants for the said house viz. Syed Ahmad Khan, Abdul Karim and his brother‑.in‑law, Abdul Rahman.
On 7th March 1963, Deputy Settlement Commissioner, transferred the said house to Syed Ahmad Khan. Abdur Rahman did not file any appeal against his order. Only Abdul Karim challenged the above order in appeal and in revision without any success. He then moved a writ in the High Court, but the same was dismissed and the Letters Patent Appeal filed by him also met with the same fate. He then filed a petition for special leave to appeal to this Court, but the same was also dismissed on 18‑4‑1966. This ended the first round of litigation.
After dismissal of the leave petition by this Court Abdul Rahman (the present petitioner) brother‑in‑law of Abdul Karim, started the second round of litigation by filing a writ petition in the High Court on 14th July 1966, against the order of the Deputy Settlement Commissioner, dated the 7th March 1963. As already stated he did not care to go up in appeal or in revision against the said order, but allowed his brother‑in‑law Abdul Karim to have a full round .of litigation with Syed Ahmad Khan.
His explanation that he was not aware of the order of the Deputy Settlement Commissioner for about 31 years when his brother‑in‑law was dragging Syed Ahmad Khan from one Court to the other has, for good and sufficient reasons, been disbelieved by the High Court.
The learned counsel has submitted that in the interests of justice the petitioner may be permitted to show that the order of the Deputy Settlement Commissioner was illegal and bad in law The said order has been fully examined till the Supreme Court in the first round of litigation in which Abdul Karim was a party and now to allow brother‑in‑law of the said Abdul Karim to start a second round of litigation in respect of the same order would be gross abuse of process of the Court. He is also guilty or laches.
The misconceived writ petition has, therefore, been rightly dismissed in limine.
This petition is, accordingly, dismissed.
Leave refused.
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