MUHAMMAD ANWAR vs Mst. NAWAB BIBI and 3 others

ORDER

' SAAD SAOOD JAN, J.--Mst. Nawab Bibi, now dead, was transferred a plot on 15-7-1971. The petitioner who had been adopted by her as her son claimed that the transfer document should be issued in his favour as under an agreement of association she had transferred the plot to him and that he had paid the purchase price from his own sources. His claim was rejected by the Deputy Settlement Commissioner on the ground that no agreement of association had been presented before any competent Settlement authority nor the statement of the parties had been recorded in support of the agreement. The petitioner invoked the Constitutional jurisdiction of the High Court to call in question the legality of the order of the Deputy Settlement Commissioner. A learned Single Judge dismissed his writ petition after upholding the order of the Deputy Settlement Commissioner on merits. The petitioner filed an Intra-Court Appeal but did not press it, saying that he would seek his remedy in a Civil Court. Subsequently, he filed a civil suit to call in question the legality of the order of the Deputy Settlement Commissioner. The trial Court rejected the plaint with the finding that as the legality of the order of the Deputy Settlement Commissioner had already been adjudicated upon by the High Court, the suit was hit by the principle of res judicata. The petitioner preferred an appeal before the Additional District Judge but it was dismissed. He then filed a revision petition in the High Court which also met the same fate. He now seeks leave to appeal from this Court.

2. This petition is clearly without any merit. The High Court in writ jurisdiction had examined the grounds upon which the petitioner was seeking to impugn the order of the Deputy Settlement Commissioner and re, 3rded a finding that the said order was entirely legal. The same question could not therefore be re-agitated in a Civil Court. The trial Court was therefore right :n non-suiting him. The petition is dismissed.