1986 PLP 1943 (SCMR)
ABDUL SABOOR — Petitioner Versus THE SETTLEMENT COMMISSIONER and others — Respondents
| Citation | 1986 PLP 1943 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Karam Elahee Chauhan, M. S. H. Quraishi, JJ |
| Parties | ABDUL SABOOR — Petitioner Versus THE SETTLEMENT COMMISSIONER and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1986 PLP 1943 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 1943 (SCMR)?
The case was heard and decided by the High Court bench comprising: Karam Elahee Chauhan, M. S. H. Quraishi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 1943 (SCMR) (ABDUL SABOOR — Petitioner Versus THE SETTLEMENT COMMISSIONER and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. Wajid Hussain, Advocate-on-Record for Petitioner.
- Masood Jand, Advocate Supreme Court and Muhammad Aslam, Advocate-on-Record for Respondent No. 4.
- Date of hearing: 18th August, 1981.
- S. Wajid Hussain, Advocate‑on‑Record for Petitioner.
- Masood Jand, Advocate Supreme Court and Muhammad Aslam, Advocate‑on‑Record for Respondent No. 4.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, dated 18-12-1975, in Writ Petition 1389-R of 1975).
Arts. 185(3) & 199
Laches--Belated writ petition dismissed on ground of laches and delay--Reasons given by High Court for not opening a belated transaction being justified and suffering from no legal or any other kind of error--Order of High Court not warranting interference, petition dismissed.
Judgment & Decree
KARAM ELAHEE CHUHAN,J.‑‑The property in dispute which is described more fully in the petition was refused to the petitioner on 30‑8‑1960. However, he filed a writ petition being W.P. 1389‑R/75 for getting the said property on 12‑12‑1975 which was dismissed by the High Court vide its order, dated 18‑12‑1975, on the ground of laches and delay which on the peculiar facts brought on record were fatal to his case as in the meantime the property had properly been disposed of by auction in favour of the respondent herein and there was no justification to disturb that transfer after such a long lapse of time.
2. The petitioner has come up in a petition for special leave to appeal against the aforesaid order to this Court.
3. We have heard the learned counsel and gore through the relevant orders. In our opinion the reasons given by the High Court for not opening such a belated transaction as aforesaid were quite justified and suffered from no legal or any other kind of error warranting interference by this Court. The petition is dismissed hereby. M.I. Petition dismissed.