Find a Lawyer

Civil petition for Special Leave try Appeal NO194‑R of 1975, dated on 23rd January 1976.

(On appeal from the judgment of the Lahore High Court, Lahore 11-7-75, in Writ Petition No.1275 R of 1966.)

‑‑ S. 52--‑Maxim Pendente lice innovetur (pending litigation nothing new should be introduced)‑‑‑Neither party to litigation involving ht to immovable property can alienate or deal with Property. Pendent lite so as to affect his opponent petitioners purchasing land from transferees but subsequently on revision allotment an, transfer of land to vendors cancelled by Settlement Commissioner:‑Allotment of land to vendors being subject to usual incidence of appeal anal revision alienation by vendors and purchase of land by petitioner held of no effect Fact that petitioners applied to Settlement Commissioner for being impleaded as parties in revision but no order seed of no avail in view of petitioners themselves being liable to blame for such state of affairs for not having pressed their application‑‑Lend having been transferred by Central Government in virtue of its powers under S. 25(2 4(a), Act XII of 1957, and building having been, constructed over land after delivery of possession High Court, held, justified in refusing to it interfere at instance of petitioners Pakistan (Administration of Evacuee Property) Act (XII of 1957). S. 25(2)(a). [Maxim].

Riaz Anwar, Advocate instructed by Maqbool Ahmad Qadri, Advocate-on‑Record for Petitioners.

Memo for Respondent.

Date of hearing 23^rd January 1976.

This is a petition for special leave to appeal from the judgment and order dated 9th July 1975, passed by, a learned Single Judge of the Lahore High Court at Lahore dismissing the writ ply tiled by the petitioners herein against the respondents.

Briefly the relevant fads are these. Sometimes during 1957, respondent No. 1 applied to the Deputy Commissioner/Chairman. Multan Improvement Trust, Multan, through the Directorate of Industries West Pakistan, Lahore for acquisition of 68 kanals of land situated in Mauza Taraf Ravi, Tehsil and District Multan, required for the purposes of installation of a cold storage and the ice plant there. On 18‑12‑1958, in anticipation of the sanction, the Deputy Commissioner/Chairman. Multan Improvement Trust allowed respondent No. 1 to store their machinery and other stocks imported from abroad for the installation of the cold storage and ice factory on a pan of the land proposed to be acquired without prejudice to the final decision that may eventually be taken in the matter. In due course on the recommendation 'of the Rehabilitation Commissioner, West Pakistan, Lahore, the Central Government acting under section 25(2) of the Pakistan (Administration of Evacuee Property) Act XII of 1957, permitted respondent No. 1 to purchase the land by its 1. No. F‑16 (89) 58 P-II Dated 25th November 1958. In pursuance there to the Land Acquisition Collector, (Directorate of Industries West Pakistan Lahore, vide his Memo. No. LAD/IND/l4/d‑62 dated 8^th February 1962 directed the respondent to deposit the costs for acquisition of the land. The respondent allegedly compiled with the order and to Deputy Commissioner also delivered the possession of the property to the respondent on the 29^th April 1962.

In spite of the above, on, a. report put up by the Circule Patwari, portions of the land were proposed and confirmed by the Assistant Rehabili tation Commissioner (Land) In favour of respondents Nos. 4 and 5 and one Khan Muhammad on, tar about 18-4‑1964, Those orders were passed in the absence of respondents, No. 1 who went up in separate appeals against respondents Nos. 4 and 5 dismissed by the Deputy Settlement Commissions (Land), Multan out barred by time. Dissatisfied, respondent No. 1 there filed two separate revisions against the orders. Get the 27th May 1966, the Additional Commissioner (Revenue), exercising pouters of the Settlement, Commissioner (Land), Multan, condoned the delay in the two appeals filet by respondent No. 1 on the ground that it was in possession of the land on the spot and was never heard by the Assistant Settlement Commissioner (Land) at the time of making the allotment to respondents Nos. 4 and 5. On the merits he observed that the d in dispute had been acquired for respondent No. 1 for industrial purposes and that the possession thereof was also delivered to it. Thus entire crest was built over by respondent No. 1 leaving only the land which was situated within a distance of 120 feet from the main road and coulee not, built over according to the Highway As such, in the opinion of the dement Commissioner (Land) the land in dispute was not available for allotment to respondents Nos. 4 and 5 under the Rehabilitation and Settlement. Scheme and was wrongly allotted to them on the erroneous assumption that it was so available for allotment to them under the scheme.

It is stated that respondents Nos. 4 and 5, lead jointly sold the land in their allotments to the petitioners for Rs. 35000 lay means of a registered deed of sale dated 2nd April 1965. The petitioners, therefore, filed a writ petition under Article 98 of the to Constitution of Islamic Republic of Pakistan 1962 against the respondents challenging the validity of the above mentioned order dated 27th May 1966, passed by the Settlement Commis sioner (Land), Multan, in favour of respondent No. 1 in revision. As already stated above, a learned Judge of the Lahore High Court dismissed the writ petition on the 11th July 1975. Hence this petition for special leave to appeal before us.

We have heard the learned counsel for the petitioners. It was vehement ly argued before us at the hearing that the two petitioners had purchased the land in dispute for valuable consideration from respondents Nos. 4 and 5 by means of the registered deed of sale executed on the 2nd April 1965. In spite of this respondent No. 1 did not implead the petitioners in the revision accepted by the Settlement Commissioner (Land) on the 10th June 1966. In this connection it appears that the petitioners had in fact applied to the Settlement Commissioner (Land) for being impleaded as a party in the revision but no order seems to have been passed on the application, The petitioners are themselves to be blamed for this state of affairs as they did not press their application before the Settlement Commissioner (Land) at the hearing. Moreover the orders passed by the Assistant Settlement Commissioner (Land) for the allotment of the land to respondents Nos. 4 and 5 were subject to the usual incidence of appeal and revision against them. There is a well‑known maxim: "pendente lite nihil innovetur" (pending a litigation nothing now should be introduced). It provides that pendente lite neither party to litigation, in which any right to immovable property is in question, can alienate or deal with the property so as to affect his opponent. In fact section 52 of the Transfer or Property Act, 1882 is based on this principle which is of general application.

As already stated above ors 25‑11‑1958 the Central Government gave its permission under section 25(2)(x) of Act XII of 1957 for the transfer of the land to respondent No. 1. In pursuance thereto the possession of the land was also delivered to the respondent No. 1 on the 29th April 1962 and as is evident from the impugned order dated 10th June 1966, the respondent had also raised a building over the entire area, leaving of. Court 120 feet set‑back from the main road required under the Highway Act. In these circumstances the High Court was justified in refusing to interfere at the instance of the petitioners.

This is not a fit case for our interference and there is no force in this petition which is dismissed.

Petition dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.