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Petitioner: TALIB HUSSAIN And Others VS Respondent: MEMBER, BOARD OF REVENUE And Other
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Shafi-ur-Rehman Title: TALIB HUSSAIN And Others vs MEMBER, BOARD OF REVENUE And Other Case No.: Civil Petition No. 492 of 1979 W.P. No. 644 of 1972 Date of Judgment:1985-02-25 Reported As: 1985 SCMR 1375 Result: Leave granted
Judgment ORDER SHAFIUR RAHMAN, J.--A Constitutional petition was filed by the petitioners challenging the attestation of a mutation treating Mst. Begum Bibi the allottee as full owner. That order has been maintained upto the Board of Revenue. The High Court by the impugned judgment dismissed the petition holding that it was filed four years after the last order in the revenue hierarchy and in the meantime the allotment itself had been cancelled as being in excess of her entitlement. In seeking leave to appeal, the learned counsel for the petitioner contended that as the law about the allotted property itself was not clear there was delay and such delays have been subsequently taken care of by a statutory provision (Punjab Act 25 of 1975). As regards the subsequent cancellation of the allotment, the learned counsel for the petitioner states that it is not borne out from the record. We consider that the question raised is one of law and further consideration for which leave to appeal is granted. Security in the sum of Rs. 2,000. The learned counsel for the caveator has brought to our notice that some of the respondents like Zulfikar Ali (respondent No. 4) and Muhammad Saeed Shah (respondent No. 5) have in the meantime died. The record shall, be corrected accordingly by the respondents.
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