AFAHMOOD ULLAH Versus ADMINISTRATOR (RESIDUAL PROPERTIES) LAHORE DIVISION

ORDER

SAAD SAOOD JAN, J. ‑‑These are two petitions for special leave to appeal arising out of the same judgment of the Lahore High Court.

2. The dispute between the parties relates to a house situate in Krishan Nagar, Lahore. The petition preferred by K . F. Shaifta (C.P.S.L.A. No.1177 of 1981) is barred by time. The explanation given for the condonation of delay is not satisfactory. This petition A is, therefore, dismissed as barred by time.

3. The‑other petition (C.P.S.L.A. No.1095) has been filed by Mahmoodullah. The house in dispute was transferred to him on C.H. form. Subsequently, the transfer was cancelled and the house was resumed on his failure to pay the price.

4. In support of this petition it is contended that as Mahmoodullah had paid more than one‑fourth of the transfer price, the house could not be resumed and at worst the unpaid amount could be recovered as arrears of the land revenue. In support of this contention, reliance has been placed upon a judgment of this Court reported as Mst. Majeeda Begum v. Deputy Settlement Commissioner‑II and others 1980 S C M R 827.

5. The contention raised on behalf of the petitioner needs examination. Leave to appeal is granted. Security for costs in the sum of Rs.5.000. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any, within two months.

M.I./M‑529/S Leave granted.