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Constitutional Petition No. 1459 of 1974, decided on 5th July, 1980.

Para. 10 read with Sind Land Commission Notification No. SLC/3668/72/5317, dated 9‑10‑1973‑Acquisition of land by Government servant‑Deceased, petitioners' predecessor‑in‑interest inheriting land from his father in 1945‑Deceased as from 1945 becoming vested with a right of his own‑‑Claim verified in deceased's name after Partition Verified by virtue of his independent entitlement technically though in relation to land once owned by his father‑Land purchased by deceased on instalment basis under M. L. R. 91‑Held, land acquired by himself.

‑‑‑‑ Para. 10 and Sind Land Commission Notification No. SLC/ 3668/72/837, dated 26‑2‑1973‑Proceedings determining holding not finalised and still pending and deceased himself keeping proceeding going by challenging order of Land Commission in revision‑Contention that Chief Land Commissioner left with no locus poenttintiae after passing of order by Land Commissioner on basis of Notification No. SLC/ 3668/72/837 dated 26‑2‑1973, held, without force.‑[Locus poenitentiae].

Shahbaz v. Crown P L L 1956 F C 46 and Pakistan v. Muhammad Himayatullah P L D 1969 S C 407 ref.

Pakistan v. Hassanali P L D 1960 S C 310 ; G. L. Bhattacharya v. State P L D 1964 S C 503 and Land Customs v. Azizuddin Industries Limited P L D 1970 S C 439 distinguished.

‑‑ Para. 4, clause 8 and Sind Land Commission Notification No. LC/3668/72/5317 dated 9‑1‑1973 ‑Notification issued under para. 4(8)‑To be treated as 'part of Regulation and have effect accord‑‑Notification, held, became effective with Regulation, question of retrospective operation not arising.

S. Mushtaq Hussain for Petitioners.

Usman Ghani Rashid, A: G. for Respondents.

Date of hearing : 4th February, 1980.

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