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Civil Petition for Special Leave to Appeal No. 272 of 1973, decided on 5th April 1974.
(On appeal from the order of the Lahore High Court dated the 17th of April 1973, in Review Application No. 9/C of 1973).
-----Ss. 7 & 18(5)‑‑Will‑‑Evacuee property‑Cannot be subject- matter of will.
Ch. Inayatullah, Advocate Supreme Court instructed by S. Wajid Hussain Advocate‑ on‑Record for Petitioners.
Nemo for Respondents.
Date of hearing : 5th April 1974.
.‑---This petition for special leave to appeal filed on the tad of July 197.3, has become barred lay 147 days. It is from the order of a, learned Single Judge of the. Lahore High Court dismissing a review petition on the 17th of April 1973.
It appears that the property iii dispute was evacuee property, and it was allotted to one Majid who gave it by a 'will' in the year 1954 to his sister- in‑law, who in turn gave it by will' to her brother's son.
'The petitioner brought a suit challenging the validity of the two 'wills', and the suit was decreed. The decree was armed in appeal by the learned District Judge. On second appeal before the High Court, the suit was dismissed on the ground of lack of jurisdiction inasmuch as the Civil Court had no jurisdiction to decide a dispute regarding evacuee property. The review application was from this order, and it was rightly dismissed as a to 'will' could be made .in respect of evacuee property.
The petition is thus not only barred by limitation but has no merit in it, and it is accordingly dismissed.
Petition dismissed.
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