Pakistan Case Law
1989 SCMR 933

Mst. MUKHTAR BEGUM vs LAND COMMISSIONER and others

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Citation1989 SCMR 933
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1555 of 1980
Date1988-06-08
Judge(s)Muhammad Afzal Allah and Saad Saood Jan
Authored byMuhammad Afzal Zullah
ResultLeave petition dismissed
Summary

This petition for leave to appeal arises from a land reforms matter involving the Land Commissioner. The primary legal question before the Supreme Court was whether the delay in filing the petition for leave to appeal could be condoned. Upon hearing the arguments presented by the learned counsel regarding the application for condonation of delay, the Court determined that the circumstances did not warrant such condonation. Consequently, the Court declined to examine the merits of the case, dismissing the petition as time-barred. While the petition was dismissed on the ground of limitation, the Court noted the grievance raised by the petitioner's counsel regarding the possession of land, specifically that the petitioner only retained one square of land out of the permissible area. The Court advised the petitioner to approach the relevant authorities to address these grievances, expressing an expectation that any genuine issues would be resolved by those authorities. The judgment reinforces the principle that procedural requirements, such as limitation, must be satisfied before the merits of a case can be adjudicated.

Questions settled in this judgment
  • Can a petition for leave to appeal be entertained if it is time-barred and the delay is not condoned?
  • Is it appropriate for the Court to examine the merits of a case if the application for condonation of delay is rejected?
land reformscondonation of delaylimitationleave to appealtime-barred petition

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal arises out of a Land Reforms case.

2. After hearing the learned counsel on the question of limitation in support of the application for condonation of delay, we do not consider it a fit case for the condonation of delay. However, it needs to be noticed and observed that the learned counsel stated that the son of the deceased declarant in this case, woefully made a grievance that out of the entire permissible area, the petitioner's side has only one square of land in its possession and that the remaining entire land has been taken away.

3. The learned counsel, in these circumstances, would help and advise his client to approach the authorities concerned to remove the genuine grievances which, if any, it is hoped and expected would be removed.

4. ' This petition accordingly is dismissed without examination of the merits, as time-barred.

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