ABDULLAH KHAN vs ADDL. COMMISSIONER (REV.) GUJRANWALA DIVISION And Other
This petition for leave to appeal arises from a series of unsuccessful challenges by the petitioner, Abdullah Khan, against an order passed by the Deputy Settlement Commissioner, Gujrat, in 1959. The petitioner sought to challenge this order through revision petitions filed decades later, which were dismissed by the Assistant Commissioner/Collector, Gujrat, and subsequently by the Additional Commissioner (Revenue), Gujranwala Division, on the grounds of being time-barred. The petitioner's explanation for the significant delay was rejected by both revenue authorities. The petitioner then filed a writ petition before the Lahore High Court, which was also dismissed, affirming that the explanation for the delay was insufficient. The Supreme Court of Pakistan reviewed the matter and held that the question of delay is a question of fact that had been concurrently decided against the petitioner by three lower forums. Finding no illegality in the impugned orders and noting the lack of merit in the petition, the Supreme Court dismissed the petition for leave to appeal, thereby upholding the finality of the concurrent findings regarding the limitation period.
- Can the Supreme Court interfere with concurrent findings of fact regarding delay by lower courts?
- Is an order dismissing a revision petition on the grounds of limitation subject to interference if the explanation for delay is rejected by multiple forums?
ORDER
RUSTAM S. SIDHWA, J.---This is a petition filed by Abdullah Khan petitioner seeking leave to appeal against the judgment of the Lahore High Court dated 29-9-1987
2. The petitioner challenged in revision an order of the Deputy Settlement Commissioner, Gujrat, dated 11-8-1959, which was rejected by the Assistant Commissioner/Collector. Gujrat on 25-3-1986, on the ground that the same was time-barred and the petitioner's explanation for the delay could not be accepted, Another revision filed by the petitioner before the Addl. Commissioner (Re.), Gujranwala Division, was also dismissed for the same reason on 3-8-1986. The petitioner challenged this judgment in writ petition which was also dismissed on the ground that the petitioner's explanation for the delay could not be accepted. The question of delay being one of fact, has been decided by the three Courts against the petitioner. These orders do not suffer from any illegality. There being no merit in this petition, the same is dismissed.