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Writ Petition No. 1600/R of 1977, decided on 19th February, 1980.
‑‑ Art, 199 and Civil Procedure Code (V of 1908), O. II, r. 2‑Part of claim, surrendering of‑Petitioner making statement that he wants filch lands as are in his possession excluding that of respondent ---Question whether legal heirs of deceased petitioner can be allowed to retract or allowed equitable relief in writ jurisdiction after offer had been made‑Held, petitioner neither under equity nor under law can claim entire land‑Such right a civil right and a person can surrender same in favour of party.
--Art. 199‑--Border Area Scheme‑Petitioner allotted land under Scheme--Held, could not be allowed to reagitate and reassert his claim after abandoning same.
Asahar Hussain's case 1968 S C M R 475 ref.
Syed Afzal Haider for Petitioner.
Mian Khurshid Alam Ramey for Respondent No. 1.
Ch Muhammad Rafiq for Respondent No. 2.
Dates of hearing : 12th December 1979 and 19th February 1980
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