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Civil Petition No. 1038 of 1979, decided on 14th March, 1982.
(On appeal from the judgment dated 8‑7‑1979 of the Lahore High Court, Lahore in Writ Petition No. 594‑R of 1971).
‑‑ Art, 185 (3)‑Petitioner placing documents on Supreme Court record on ground that same were not available till decision of High Court Petitioner wants interference with order of High Court on basis of material not produced before High Court‑Petition dismissed in circumstances of case‑Petitioner may move High Court for review of order, if law permits.
Qazi Abdul Hayee, Advocate Supreme Court and Sh. Abdul Karim, Advocate‑on‑Record for Petitioners.
Nemo for Respondents.
The land in dispute was allotted .to the peti tioners but, later on, it was discovered that the land in question was not evacuee land and belonged to the Provincial Government, hence the allotment "'as set aside by the Additional Settlement Commissioner/Chief Settlement Commissioner (Land), Faisalabad as the land in dispute was‑ not allotable under the Evacuee/Rehabilitation Laws.
The petitioners' writ petition in the Lahore High Court also failed hence this petition for leave to appeal.
Qazi Abdul Hayee, learned counsel for the petitioners, relied on the entries in the register of auction of land which showed that the land had been purchased by Bhagwan Singh in the year 1945 and, therefore, the land in question was an evacuee property at the time of the Partition. He has placed on the record of this Court the relevant entries of the auction pro ceedings and submits that these documents could not be produced in the High Court as the certified copies were available only on 24‑7‑1979 and 31‑7‑1979. It is clear, therefore, that the petitioners want us to interfere with the order of the High Court on the basis of the material not produced before it. This obviously cannot be done. The petitioners may move the High Court again for the review of the order, if the law permits, on the basis of this material.
The order of the High Court on the material produced before it is unexceptionable. Hence this petition must fail and is dismissed hereby.
Petition dismissed.
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