1977 PLP 266 (SCMR)

QAISAR KHAN, J‑Sardar Habibullah Khan was appointed as Lambardar in September 1940 and obtained half square of lane as a Lambardari grant in June 1950. Under the terns and conditions then existing Lambardar land gran tees were not entitled to acquire proprietary rights in such lands. Subsequently by a memo, dated the 20th of May 1951 the then Government of Punjab decided to give option of purchasing the proprietary rights in respect of such lands to hereditary Lambardars. Such option was to be exercised within one year of the issue of the memo that is to say before the 2nd of May 1952. Sardar Habibuliah Khan applied on the 15th of May 1952 for permission to deposit the price of the said Lambardari land amounting to its. 21,

870. Having received the permission by a letter of the Government of Punjab dated the 4th of May 1953 he d‑ posited the amount on the 19th of June 1953. No sale deed as however executed in respect of the said land. In the meantime on the 1st of January 1962 Sardar Habibullah Khan entered into an agreement for the sale of the disputed land to Amir Ahmad and Mehr Nawab. On the 28th of August 1952 the Government however cancelled its order contained in memo dated the 4th of May 1953 and directed that Sardar Habibullah khan be refunded the purchase price deposited by him. Sardar Habibullah Khan, Amir Ahmad and Mehr Nawab filed a writ petition in the then High Court of West Pakistan, Lahore, praying for a declaration that the order dated the 28th of August 1962 of the Government regarding the cancellation of the sale in his favour was without lawful authority and of no legal effect. The writ petition was however dismissed by the High Court on the 15th of July 1966. The heirs of Sardar Habibullah Khan who in the meantime had died and was represented by Sardar Kealid Umar and others as his legal representatives submitted a petition in this Court for special leave to appeal against the aforesaid order of the High Court. Leave to appeal was granted on the 24th of November 1966 to see as to what was the effect of the decision of this Court in the case of Anjuman‑e-Ahmadlya, Sargodha v. The Deputy Commissioner, Sargodha, etc. (P L D 1966 S C 639) In the present case, this Court by its order dated the 18th of March 1975 however, dismissed the appeal holding that the aforesaid authority bad no application to the facts of this case. This is a review petition filed by the legal representatives of Sardar Habibullab Khan against the order of this Court dated the 18th of March 1975. After hearing Mr. Manzoor Mussain Sial learned counsel for the petitioners have come to the conclusion that there is nothing in this petition and that it deserves dismissal. No error apparent on the face of the record could be points out day the learned counsel. As a matter of fact he again referred to the authority mentioned above, but that his already been discussed in the order under review. He however contended that his client had become a hereditary Lumbardar later on. This is a new question an it has nothing to do kith the review petition. The review petition is therefore dismissed. Petition dismissed