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1975 SCMR 188

Mian REHMATULLAH vs MUHAMMAD AKRAM AND OTHERS

Petitioner: Mian REHMATULLAH VS Respondent: MUHAMMAD AKRAM AND OTHERS

Court: Supreme Court of Pakistan Decision Date: 1974-12-03

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Abdul Qadir Sheikh, Muhammad Yaqub Ali Khan Title: Mian REHMATULLAH vs MUHAMMAD AKRAM AND OTHERS Case No.: Civil Petition for Special Leave to Appeal No, 253 of 1974 Date of Judgment:1974-12-03 Reported As: 1975 SCMR 188 Result: Petition dismissed

Judgment ORDER ' MUHAMMAD YAQUB ALI, J.-On 8th August 1961, the Settlement Commissioner dismissed the revision petition filed by the petitioner herein against the order of transfer of the house in dispute in favour of the respondent. The parties were heard and the order announced to them. ' On 11th January 1974, the petitioner filed a writ petition in the High Court claiming ignorance of the order passed by the Settlement Commissioner on the 8th August 1961. The learned Single Judge did not find any ground for condoning the delay of more than 12 years and dismissed the writ petition for laches. The petitioner now seeks leave to appeal reiterating that he has no knowledge of the order passed by the learned Settlement Commissioner. We are unable to accept the statement made by the petitioner as mentioned above. It is clearly stated in the order of the Settlement Commissioner that the parties and their counsel were present when the order was announced. In any case, no reasonable person will wait for nearly 13 years to know the result of revision petition which he had filed in the Court of Settlement Commissioner. In the circumstances no exception can be taken to the order passed by the High Court. ' Leave to appeal is refused.

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