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Petitioner: UMER BIBI And Others VS Respondent: SALIMUDDIN And Other
Court Name: Supreme Court of Pakistan Judge(s): Abdul Shakurul Salam, Rustam S. Sidhwa Title: UMER BIBI And Others vs SALIMUDDIN And Other Case No.: Civil Petition No.641 of 1987 W.P. No. 888-R of 1980 Date of Judgment:1990-01-30 Reported As: 1991 SCMR 774 Result: Petition dismissed
Judgment ORDER ABDUL SHAKURUL SALAM, J: --Petitioners claimed occupancy rights in evacuee land which were denied to them by the Deputy Custodian, Evacuee Properties, vide order dated 24-3-1976 and it was held that they were "liable to pay Batai share according to the practice prevailing in the area right from 1-3-1947 till the date of confirmation of the allotment of the land in question which should form part of the Compensation Pool". This is vide order dated 24-3-1976. Their revision petition was dismissed by the learned Custodian, Evacuee Property, Lahore vide order dated 20-9- 1980. They Filed a Writ Petition No. 888/R/1980, wherein claim to the land was given up, but it was prayed that they be allowed relief as regards the order of mesne profits. The petition was dismissed for the reason that no such contention was raised in the writ petition. This is vide order dated 1-7-1987. Petitioners seek leave to appeal. 2. After hearing the learned counsel for the petitioner, we find no justifiable reason to interfere in the order as regards the mesne profits about which no grievance was made in the writ petition filed in the High Court. 3. Petition is, therefore, dismissed.