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Civil Petition for Special Leave to Appeal No. 407 of 1975, decided on 22nd November, 1980.
(On appeal from the judgment of the Lahore High Court dated 1‑4‑1975 in Writ Petition No. 227‑R of 1973).
Constitution of Pakistan (1973)‑
---Art. 185(3)‑Leave to appeal‑Having lost contest against respon dents in respect of property in dispute, petitioner resorting to mukhbari application so as to reopen same questions‑Respondents not shown to have committed any fraud or misrepresentation so as to justify initiation of proceedings against them‑High Court's observations holding it highly improper to reopen case in writ proceedings which have to be used very sparingly and only when Settlement Authorities satisfied as to having been defrauded, held, justified in circumstances.
Syed Dilber Hussain v. Dr. Syed Ahmad Jamalullah and others C. P. S. L. A. No. 471 of 1975 ref.
A. R. Saukat, Senior Advocate Supreme Court instructed by Kh. Wali Muhammad, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 22nd November, 1980.
‑‑Lahore High Court has quashed proceedings against respondents Nos. 1 and 2 under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958, which were initiated by Hafiz Mohkam ud‑4in, petitioner herein, who now seeks special leave to appeal.
The main reason that prevailed with the High Court was that have lost in the contest, against the respondents in respect of the property in dispute, the petitioner resorted to a mukhbari application so as to reopen the same questions which were decided against him by the Additional Settlement Commissioner and the Chief Settlement Commissioner, in revision. Learned counsel appearing for the Settlement Department before the High Court was also unable to
show that the respondents had committed any fraud or misrepresentation so as to justify the initiation of proceedings against them and, therefore, the High Court held that it was "highly improper to reopen the case under these provisions", which "are to be used very sparingly and only in case where the Settlement Authorities are satisfied, after examination of record, that they have been defrauded.
In almost similar circumstances, this Court in C. P. S. L. A. NO. 4711of 1975, Syed Dilber Hussain v. Dr. Syed Ahmad Jamalullah and others refused to interfere with similar order passed by Lahore High Court, and we are clearly of the view that the facts of the present case also do not warrant interference by this Court.
The petition is, therefore, dismissed in limine.
Petition dismissed.
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