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S C M R 921
Civil Review Petition No. 20 of 1983 in Civil Petition No. 401 of 1980, decided on 3rd July, 1983.
(On appeal from the order dated 5‑3‑1983 of the Supreme Court of Pakistan in C. P. S. L. A. No. 401 of 1980).
Constitution of Pakistan (1973)‑
‑‑ Art: 188‑Review‑Evacuee property‑Grounds that Supreme Court while dismissing petition for leave to appeal was influenced by circumstance, that property in dispute stood "disposed of" before issuance of Press Note relating to disposal of properties converted into some other use while claim of petitioner to transfer of property was based on rights accruing under Press Note issued before declaration that property stood disposed‑Petitioner also overlooking that he bad acquired right of transfer of property under para. 20, Settlement Scheme No. I promulgated prior to said Press Note‑Held, apart from fact that it was doubtful if petitioner indeed acquired any right to transfer of property under para. 20, Settlement Scheme No. 1, contention was not pressed into in appeal before Additional Settlement Commissioner against order whereby property was disposed, review petition, therefore, fails and dismissed.‑[Review by Supreme Court].
S. M. Zafar, Senior Advocate Supreme Court and Tanvir Ahmad, Advocate -on‑Record (absent) for the Petitioner.
Nemo for Respondents.
Date of hearing: 3rd July, 1983.
HASAN SHAH, J
.‑The main ground raised by Mr. S. M. Zafar, in support of this review petition, is that this Court, while dismissing petition for leave to appeal, was influenced by the circumstance that the property in dispute stood "disposed of" on 29‑1‑1960 before the issuance of the Press Note dated 3‑5‑1960 relating to the disposal of properties converted into some other use after 14‑8‑1947 while the claim of the petitioner to the transfer of the property in dispute‑ was based on the rights accruing to him under the aforesaid Press Note dated 3‑5‑1960. However, it was overlooked that the petitioner had already acquired a right to the transfer of the property under paragraph 20 of the Settlement Scheme No.1 which was promulgated in July, 1959.
Apart from the fact that it is doubtful if the ‑petitioner, indeed, acquired any right to the transfer of the property in dispute under paragraph 20 of the Settlement Scheme No. I we observe that this contention was not pressed in the appeal before the Additional Settlement Commissioner filed against the order dated 29th January, 1960, whereby this property was disposed of. This review petition must, therefore, fail and is, accordingly dismissed hereby.
M. Z. M. Petition dismissed.
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