ABDUL RAB AND Others vs THE ADDITIONAL SETTLEMENT COMMISSIONER, A. D.
The petitioners filed a petition seeking leave to appeal against the dismissal of their writ petition by the High Court in a land settlement matter. The petitioners had initially filed a mukhbari application against a deceased individual, Hassan A.I., who had died nearly 15 years prior. After the repeal of the relevant settlement law, they attempted to bring the legal representatives of the deceased onto the record. Before the Supreme Court, the petitioners raised two new arguments: that a separate application had been filed against the sons of the deceased, and that impleading a specific person in a mukhbari application was unnecessary provided the challenged allotment was sufficiently identified. The Supreme Court observed that neither of these points had been pressed before the High Court. Holding that it was not a fit case to grant leave to appeal by allowing the petitioners to urge new points for the first time, the Supreme Court dismissed the petition.
- Can a petitioner urge new points before the Supreme Court for the grant of leave to appeal if those points were not pressed before the High Court?
- Can a mukhbari application under land settlement laws proceed validly when filed against a deceased person?
ORDER
1. M. S. H. QURAISHI, J.-The petitioners filed a mukhbari application in a land settlement matter but failed before the relevant authorities because it was filed against dead person, namely, Hasan A.I.
2. They attempted to bring on record the legal representatives of the dead person after the repeal of the relevant law. They sought relief from the High Court in its writ juris--diction and the same having been dismissed, they have sought leave to appeal for which learned caunsel has urged two points : (1) that a separate application against the sons of Hassan A.I was filed by the same petitioners before the authorities ; therefore, the Mukhbari proceeding could proceed on this other application, and (ii) that it was not necessary for the peti--tioners in their Mukhbari application to implead any person, if it was suffi--ciently made clear as to which allotment was under challenge.
3. None of these points were pressed before the learned Judge he High Court. It is mentioned in the order, dated 224-1975 impugned be High Court that Hassan A.I had died nearly 15 years earlier.
4. That being so we do not consider it a fit case for grant of leave to appeal by permitting the petitioners to urge new points. This petition accordingly is dismissed.