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Petitioner: Syed NIZAM SHAH VS Respondent: BABU ABDULLAH And Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Rustam S. Sidhwa Title: Syed NIZAM SHAH vs BABU ABDULLAH And Other Case No.: Civil Petition for Leave to Appeal No.95-R of 1989 C.R. No.49 of 1980 Date of Judgment:1990-02-25 Reported As: 1991 SCMR 1149 Result: Petition dismissed
Judgment ORDER RUSTAM S. SIDHWA J.---This is a petition filed by Syed Nizam Shah petitioner seeking leave to appeal against the judgment of the Peshawar High Court dated 30-11-1988. 2. With the assistance of the Advocate for the petitioner we have examined the case. ' 3. n an earlier round the petitioner had lost his case regarding the disputed land when the Peshawar High Court on 16-12-1974 dismissed his Writ Petition No.228 of 1974. This decision acts as constructive res judicata (see Abdul Majid v. Abdul Ghafur Khan PLD 1982 SC 146). The subsequent proceedings would also appear to be incompetent by virtue of Order II, Rule 2, C.P.C. The three lower Courts have already decided the matter against the petitioner. There being no merit in this petition, the same is dismissed.