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Petitioner: NOOR MUHAMMAD ETC. VS Respondent: ABDUL GHAFOOR ETC
Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Muhammad Yaqub Ali Khan Title: NOOR MUHAMMAD ETC. vs ABDUL GHAFOOR ETC Case No.: Civil Petition for Special Leave to Appeal No, 272 of 1973 Date of Judgment:1974-10-05 Reported As: 1975 SCMR 196 Result: Petition dismissed
Judgment ORDER ' SALAHUDDIN AHMED, J.-.This petition for special leave to appeal filed on the 2nd of July 1973, has become barred by 147 days. It is from the order of a learned Single Judge of the Lahore High Court dismissing a review petition on the 17th of April 1973. ' It appears that the property in dispute was evacuee property, and it was allotted to one Majid who gave it by a 'will' in the year 1954 to his sister-in-law, who in turn gave it by 'will' to her brother's son. The petitioner brought a suit challenging the validity of the two 'wills', and the suit was decreed. The decree was affirmed in appeal by the learned District Judge. On second appeal before the High Court, the suit was dismissed on the ground of lack of jurisdiction inasmuch as the Civil Court had no jurisdiction to decide a dispute regarding evacuee property. The review application was from this order, and it was rightly' dismissed as no could be made in respect of evacuee property. ' The petition is thus not only barred by limitation but has no merit in it, and it is accordingly dismissed.