FAUJDAR versus BATA SHOE CO. LTD., LAHORE

The Appellant for transfer of property in Section 2 Central Government of Pakistan is accusing himself of being a tenant tenant of land in dispute and claiming to own it under the Punjab Tenancy Act (XVI of 1887), Section 114 has been amended under the Punjab Tenancy (Amendment) Act. Prior to the Jammu and Kashmir (Property Administration) Ordinance, VII of 1952, 1961 was implemented, Section 2, the Jammu and Kashmir (Property Administration) Ordinance, which had an exceptionally effective effect from August 14, 1947, the appellant's debate led to the interpretation of the law. Rejected]

1981 C L C 769

[Lahore]

Before Muhammad Afzal Lone, J

FAUJDAR AND 16 OTHERS‑Appellants

versus

BATA SHOE Co. LTD., LAHORE‑Respondent

Regular Second Appeal No. 611 of 1978, decided on 17th March, 1980.

(a) Jammu & Kashmir (Administration of Property) Ordinance (III of 1961)‑

‑ S. 2‑Vesting of properties in Central Government of Pakistan Appellant alleging themselves to be occupancy tenants of land in dis pute and contending to have become owners thereof under Punjab Tenancy Act (XVI of 1887), S. 114 as amended by Punjab Tenancy (Amendment) Act (VII. of 1952) before Jammu & Kashmir (Adminis tration of Property) Ordinance, 1961 enforced‑Section 2, Jammu & Kashmir (Administration of Property) Ordinance having retrospective effect from 14th August 1947 appellant's contention repelled‑ Interpretation of statutes].

(b) Civil Procedure Code (V of 1908)‑

‑‑ O. I, r. 10‑Addition of parties‑Legality of Sale Certificate dated 5th April 1963 issued by Central Government of Pakistan assailed Pakistan necessary party but not impleaded‑Cause of action arising in 1963 when sale certificate issued‑Suit against Pakistan, held; hopelessly time‑barred even if Pakistan impleaded at present stage Limitation Act (IX of 1908), S. 22.

Sh. Ataullah Qureshi and Malik Muhammad Hussain for Appellants.

Sher Zaman for Respondent.

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