JAN MUHAMMAD vs SETTLEMENT COMMISSIONER, LAHORE DIVISION, LAHROE
The petitioner sought review of the Supreme Court's earlier judgment dated 27-3-1989, claiming entitlement to the entire plot in dispute on the ground that the respondents had abandoned their claims. The core legal question was whether the petitioner was entitled to an entire plot exceeding his original application and possession. The Supreme Court held that since the Settlement Commissioner had established as a fact that the property was a plot, not a built-up area, and that the petitioner was only in possession of and applied for seven marlas in Form `A', the petitioner could not rely on technical grounds to obtain more than his original claim. The review petition was accordingly dismissed, laying down the principle that a party cannot expand its property claim beyond its initial application and actual possession based on technicalities.
- Whether a party can claim a larger portion of property in review than originally applied for in Form `A'?
- Can technical grounds be made the basis for obtaining property beyond actual possession and initial claim?
- Is a petitioner entitled to an entire plot when findings of fact restrict their possession and application to a specific lesser area?
ORDER
SHAFIUR RAHMAN, J.---The petitioner seeks review of our judgment dated 27-3-1989 on the ground that he was entitled to the entire plot as against the respondents who had at one stage or the other abandoned their claim to it.
2. Sh. Abdul Manan, Advocate has been permitted to argue this review petition as the learned counsel for the petitioner, Mr. S.A. Saeed has expired a few days ago and substitution has become necessary.
3. The Settlement Commissioner held it as a fact that the property in dispute was a plot and not a built up area, that only seven marlas of it was in possession of the petitioner and that he had in Form `A' applied only for seven marlas. In view of these admitted facts, if the petitioner has been confined to his original claim, he cannot make the technical grounds the basis for obtaining more.
4. No case is made out and the petition is dismissed.