Syed MUSTAFA ALI vs THE SETTLEMENT AND CLAIMS COMMISSIONER, LAHORE
This matter arises from an appeal filed by Syed Mustafa Ali against the dismissal of his writ petition by the High Court, which had upheld the rejection of his review application by the Settlement and Claims Commissioner. The core legal question was whether the appellant's applications for a pro rata share in a joint claim could be treated as independent miscellaneous applications rather than applications for review of a past order, particularly when he had acquiesced in the initial verification order and failed to challenge it through statutory remedies. The Supreme Court held that the appellant's subsequent applications effectively sought to set aside the earlier final order in which he had acquiesced, and he could not claim the benefit of enhanced verification achieved solely by other co-sharers who had diligently pursued their legal remedies. The appeal was accordingly dismissed, affirming that a party cannot bypass statutory remedies or benefit from the vigilance of others without pursuing timely legal proceedings.
- Whether an application for a pro rata share in a joint claim can be treated as an independent application rather than a review of a previous order?
- Can a claimant who acquiesced in an initial verification order claim the benefit of an enhanced valuation achieved solely through the diligence of co-sharers who pursued legal remedies?
- Whether a review application filed beyond the statutory limitation period is maintainable under the Registration of Claims (Displaced Persons) Act, 1956?
- subsection (3-A) of section 7, Registration of Claims (Displaced Persons) Act 1956
' M. S. H. QURAISHI, J.-- The appellant had filed claim bearing No, 8715 which was consolidated with other claims bearing Nos. 730, 2108, 9253 and 9556. The Deputy Claims Commissioner by his order dated 23-5-1959 verified the claim except Units Nos. 1-A to 9-A which were held to be essentially urban agricultural land verifiable under Schedule IV and not Schedule I and the concerned claimants including the appellant were directed to file amended claims under Schedule I V. No form under Schedule IV was filed but the claimants other than the appellant agitated the matter.
Their appeal failed on 23-9-1959 but their revision was accepted on 4-4-1960 and their claim was verified under Schedule I at Rs, 4,48,000, which amount, in the result of review at the instance of the other claimants was further increased to Rs, 5,21,600 on 29-4-1961. In the meantime, the appellant moved an application on 7-5-1960 before the Claims Commissioner praying that he should also be given pro rata share in the increased value of the claims. When the application was not considered, he moved a review application on 3-4-1961 before the Claims Commissioner urging that since the claim of his co-sharers in respect of Units 1-A to 9-A had been verified, he should also be given half share in the verified amount. His case was that it was an omission on the paint of the Claims Commissioner when making his orders dated 4-4-1960 and 29-4-1961. The plea was rejected on 29-2-1972 by the Claims Commissioner who held that the appellant having not agitated against the order dated 23-5-1959, the acceptance of his prayer would amount to setting aside that order which he had accepted. The appellant challenged the order dated 29-2-72 before the High Court but his writ petition was dismissed in limine on 17-4-1973 for the short reason that review could not be made after 31-3-1965 in view of subsection (3-A) of section 7 of the Registration of Claims (Displaced Persons) Act, 1956.
2. Leave was granted to consider the contention that the appellant's applications dated 7-5-1960 and 3-4-1961 before the Claims Commissioner were in-essence "independent" (miscellaneous) applications for the allocation of his share out of the joint verified claim, a portion of which, though verified, had not been allocated to anybody else and that it was not right to treat the said two applications for review of any previous orders of the Claims authorities.
3. The appellant had obviously acquiesced in the order passed by the Deputy Claims Commissioner on 23-5-1959. The prayers in his subsequent applications dated 7-5-1960 and 3-4- 1961 would amount to setting aside that order which could not be done except by recourse to a competent remedy, that is, appeal, revision or review. Nor could the appellant seek a share of the benefit achieved. By the other claimants who had perused their remedy under the law. We thus find no merit in this appeal which we accordingly dismissed. There shall be no order as to costs.