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Petitioner: Mistri MUHAMMAD NAZIR VS Respondent: Mian MUHAMMAD SHAFI AND Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain, M. S. H. Qureshi Title: Mistri MUHAMMAD NAZIR vs Mian MUHAMMAD SHAFI AND Other Case No.:Civil Review Petition No. 20 of 1983 Civil Petition No. 401 of 1980 C. P. S. L. A.
No. 401 of 1980 Date of Judgment:1983-07-02 Reported As: 1983S C M R 921 Result: Petition dismissed Judgment ORDER NASIMHASAN 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.