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Review Petition No. 26 of 1981, decided on 20th March, 1982.
(a) Settlement Scheme No. VIII‑
----Division of property‑Property in dispute divided in course of litiga tion into 9 units and each unit transferred to its respective occupant Petitioner, held, possessed no locus stands to question transfer of units not in his occupation.‑[Locus stands].
(b) Constitution of Pakistan (1973)‑
-----Art. 188 and Supreme Court Rules, 1980, O. XXVI‑Review‑Points raised in review application already advanced at hearing of original petition and attended to by court‑Review, held, not competent. [Review by Supreme Court].
Mian Saeedur Rehman Farrukh, Advocate Supreme Court instructed by Sh. Salah‑ud‑Din, Advocate‑on‑Record for Petitioner.
Date of hearing : 20th March, 1982:
M. S. H. QURESHI,
J.‑This is a petition seeking review of this Court's order dated .24‑2‑1981, whereby the petitioner's Civil Petition for grant of leave (No. 925 of .1975) had been dismissed. It is urged that the various portion of the property could not be transferred to the respondents as all of them had not filed form initially and that their forms filed under Settle ment Scheme No. VIII could not be entertained during the pendency of the litigation, nor could the said portions of the property be said to have become "available" for the purposes of that' Scheme while the dispute was on.
2. We are not satisfied that the petitioner has any case for review. The property had in the course of the litigation been divided into nine units and each unit had been transferred to its respective occupant. The petition had, therefore, no locus stands to question the transfer of units which had not been in his occupation. The points now raised had been advanced all the hearing of the Civil Petition and attended to by the Bench. The review petition is, therefore, dismissed.
Petition dismissed.
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