MUHAMMAD TUFAIL and anothers vs Mirza AZIZ ULLAH and 14 others
This matter concerns a review petition filed against a judgment of the Supreme Court of Pakistan, wherein the petitioners challenged the relief granted to the respondents, arguing it exceeded their claims and that the respondents had waived their legal rights. The petitioners further contended that the Chief Settlement Commissioner had acted correctly in ordering the sale of the land in their favour. The core legal questions were whether the Court exceeded its constitutional powers in granting relief and whether the respondents had waived their rights. The Court held that the petitioners failed to demonstrate any restriction on the Court's constitutional powers under Article 187, which had been expressly invoked. Furthermore, the Court determined that no waiver occurred prior to the impugned order of the Chief Settlement Commissioner, and any subsequent waiver was irrelevant. The Court reaffirmed that the statutory right of an informer prevails over other claims and operates from a retrospective date. Consequently, the Court found no merit in the review petition and dismissed it, upholding the superior statutory right of the informer.
- Does a waiver of rights occurring subsequent to an impugned order validate that order?
- Can the Supreme Court grant relief under Article 187 that exceeds the specific claims made by the parties?
- Does the statutory right of an informer prevail over other competing claims in settlement matters?
- Article 187, Constitution of Pakistan 1973
ORDER
' SHAFIUR RAHMAN, J.---The petitioners seek review of our judgment dated 4-11-1992 on the grounds that the respondents had been granted relief larger than they claimed, that they had waived their rights available to them under the law and the Chief Settlement Commissioner was justified in passing the order of sale of the land in favour of the petitioners.
2. So far as the first contention is concerned, the learned counsel has not been able to point out any such restriction on the Constitutional powers of this Court under Article 187 which was in fact expressly invoked for dealing with the matter. As regards waiver, there is nothing to support nor it is the contention of the learned counsel that the respondents had waived their right prior to the passing of the impugned illegal order passed by the Chief Settlement Commissioner. A waiver subsequent to that order cannot be of avail to the petitioners.
' The order passed by the Chief Settlement Commissioner could not be upheld at all in view of the superior right of the informer prevailing over every other right. The right of the informer is statutory and is available from a retrospective date.
3. No ground is made out for review and the review petition is found without merit. Hence, dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.