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Petitioner: MUHAMMAD TUFAIL and anothers VS Respondent: Mirza AZIZ ULLAH and 14 others
Court Name: Supreme Court of Pakistan Judge(s): Fazal Ilahi Khan, Saleem Akhter, Shafi-ur-Rehman Title: MUHAMMAD TUFAIL and anothers vs Mirza AZIZ ULLAH and 14 others Case No.: Civil Review Petition No, 18-L of 1992 Civil Appeal No, 965 of 1990 Date of Judgment:1993-10-19 Reported As: 1994 SCMR 347 Result: Review dismissed
Judgment ORDER ' SHAFIUR RAHMAN, J.---The petitioners seek review of our judgment dated 4-11-1992 on the grounds that the respondents had been granted relief larger than they claimed, that they had waived their rights available to them under the law and the Chief Settlement Commissioner was justified in passing the order of sale of the land in favour of the petitioners. 2. So far as the first contention is concerned, the learned counsel has not been able to point out any such restriction on the Constitutional powers of this Court under Article 187 which was in fact expressly invoked for dealing with the matter. As regards waiver, there is nothing to support nor it is the contention of the learned counsel that the respondents had waived their right prior to the passing of the impugned illegal order passed by the Chief Settlement Commissioner. A waiver subsequent to that order cannot be of avail to the petitioners. ' The order passed by the Chief Settlement Commissioner could not be upheld at all in view of the superior right of the informer prevailing over every other right. The right of the informer is statutory and is available from a retrospective date. 3. No ground is made out for review and the review petition is found without merit. Hence, dismissed.
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