FATEH ALI KHAN vs SUBEDAR MUHAMMAD KHAN — 1970 SCMR 238

Citation: 1970 SCMR 238

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-08

Parties: FATEH ALI KHAN vs SUBEDAR MUHAMMAD KHAN

Headnotes

Case cited as 1970 SCMR 238

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title: FATEH ALI KHAN vs SUBEDAR MUHAMMAD KHAN Case No.: Civil Petition for Special Leave to Appeal No. 320 of 1969 R. S. A No. 182/1963 Date of Judgment:1969-12-08 Reported As: 1970 SCMR 238 Result: Petition dismissed Judgment ORDER WAHIDUDDIN AHMAD, J.-This petition for special leave to appeal is directed against the decision of a learned Single Judge of the West Pakistan High Court, Lahore, in R. S. A. No. 182 of 1963 decided on the 22nd January 1969. By this judgment, the learned Single Judge, accepted the appeal and set aside the judgment of the learned District Judge, Jhelum, dated the 16th May 1963. As a result the suit of the respondent for possession through pre-emption of the land in dispute situated in the area of village Dariala Kahun, Tehsil Pind Dadan Khan, District Jhelum, was decreed. The petitioner filed Miscellaneous application for certificate to file Letters Patent Appeal on the 26th February 1969, in the High Court of West Pakistan, but the same was returned. It was again presented on the 7th March 1969 and was rejected on the 17th June 1969. The petitioner seeks permission to challenge the order of the High Court dated the 22nd January 1969, in this petition for special leave to appeal. The office has raised an objection that the petition is barred by 186 days. The petitioner has filed an application for condona--tion of delay and it was urged on…

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