1984 PLP 57 (SCMR)
Mst. SARFRAZI BEGUM AND ANOTHER-Petitioners Versus DEPUTY SETTLEMENT COMMISSIONER AND OTHERS-Respondents
| Citation | 1984 PLP 57 (SCMR) |
| Forum / Court | -- O. XIII, r. I-Condonation of delay-Petition barred by 27 days Grounds for condonation furnishing enough cause-Delay condoned-Constitution of Pakistan (1973), Art. 185 (3) Delay |
| Bench Members | Muhammad Afzal Zullah and M. S. H. Quralshi, JJ |
| Parties | Mst. SARFRAZI BEGUM AND ANOTHER-Petitioners Versus DEPUTY SETTLEMENT COMMISSIONER AND OTHERS-Respondents |
| Primary Law | (b) Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1984 PLP 57 (SCMR)?
This judgment primarily cites: (b) Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1984 PLP 57 (SCMR)?
The case was heard and decided by the -- O. XIII, r. I-Condonation of delay-Petition barred by 27 days Grounds for condonation furnishing enough cause-Delay condoned-Constitution of Pakistan (1973), Art. 185 (3) Delay bench comprising: Muhammad Afzal Zullah and M. S. H. Quralshi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1984 PLP 57 (SCMR) (Mst. SARFRAZI BEGUM AND ANOTHER-Petitioners Versus DEPUTY SETTLEMENT COMMISSIONER AND OTHERS-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. M. Zamir Zaidi, Advocate Supreme Court and Mahmood A. Quraishi, Advocate-.on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing : 15th March, 1983.
- S. M. Zamir Zaidi, Advocate Supreme Court and Mahmood A. Quraishi, Advocate‑.on‑Record for Petitioners.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, dated 23-12-1976, in W. P. 1556/R/76). (a) Supreme Court Rules, 1980 -- O. XIII, r. I-Condonation of delay-Petition barred by 27 days Grounds for condonation furnishing enough cause-Delay condoned-Constitution of Pakistan (1973), Art. 185 (3) [Delay]
Art. 185(3)-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2 (a) (12)-Petitioners going out of contest girt and no longer in field claiming transfer of property-Beneficiaries, on account of petitioner's going out of contest petitioner's close relations in first degree-Finding of fact affirmed by High Court regarding petitioner's having voluntarily gone out of contest not interfered with by Supreme Court-Leave refused.
Judgment & Decree
M. S. H. QURAISHI, J.‑This petition is barred by 27 days. The ground for condonation mentioned in the application filed in this behalf. Furnishes` enough cause for condonation. We accordingly condone the delay. The subject‑matter of the writ petition, filed by the petitioners in the High Court which was dismissed in limine was the transfer of an urban property which had been divided in the Settlement operation. In the order impugned in‑ the High Court, it was observed that the petitioners went out of the contest and were no longer in the field claiming the transfer of the property. We have noticed that the beneficiaries, on account of the petitioners going out of the contest, were their close relations in first degree. Learned counsel has tried to challenge the finding of fact (affirmed by the High Court) regarding the petitioners having voluntarily gone out of the contest. After hearing him in this behalf, we find no justification to interfere with the finding of fact. This petition, accordingly is dismissed. M.Z.M Petition dismissed