MUHAMMAD NASEER vs Hakim DOST MUHAMMAD AND 2 OTHERS
This matter comes before the Supreme Court of Pakistan upon an application for review of a previous order dated 11th October 1973. The core legal question raised by the petitioner is whether the view taken by the court that Settlement Scheme No. VII is subject to Settlement Scheme No. I is erroneous. The court held that the contention has no force, noting that under the reconstituted Scheme No. 7, property is to be transferred in accordance with the provisions of the Act and the Settlement Scheme, which clearly bars the transfer of a shop if a person has already obtained the transfer of another shop. Furthermore, the court established the key principle that an alleged error in the view taken by the court does not constitute a valid ground for review of its order. Accordingly, the Supreme Court dismissed the review petition.
- Is Settlement Scheme No. VII subject to Settlement Scheme No. I?
- Does a bar exist against the transfer of a shop if a person has already obtained the transfer of another shop under the Settlement Scheme?
- Is an alleged error in the court's view a sufficient ground to review a previous order?
ORDER
1. ' WAHEEDUDDIN AHMAD, J.-This is an application for review of our order dated the 11th October, 1973.
2. The only contention raised by the petitioner is that the view taken by us in that order that Settlement Scheme No, VII is subject to Settlement Scheme No, I, is erroneous. This contention has no force. As has been mentioned in the said order, according to the reconstituted Scheme No, 7, the property is to be transferred in accordance with the provisions of the Act and the Settlement Scheme. Under the Settlement Scheme, there is a clear bar for getting the transfer of a shop if a person has obtained transfer of another shop. In any case, even if our view is wrong that is no ground to review our order. The petition is dismissed.