Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Civil Petitions for Special Leave to Appeal Nos. 296 and 297 of 1981, decided on 17th October, 1981.
(On appeal from the judgment and order of the Lahore High Court dated 28‑2‑1981 in C. Rs. Nos. 241/D‑8 and 242/D‑81).
‑‑‑‑ Art. 185(3)‑‑Leave to appeal‑Whether land in dispute subject to pre‑emption or exempted under Notification of Government concerned and whether any conflict existed between two judgments as referred to and which of them applied to case in hand‑Leave to appeal granted to consider questions.‑[Leave to appeal].
Ch. Muhammad Farooq, Senior Advocate Supreme Court and Sh. Abdul Karim, Advocate‑on‑Record for Petitioner.
Ch. Muhammad Hassan, Advocate Supreme Court and M. A. Qadri, Advocate‑on‑Record for Respondent.'
‑This order will govern and apply to Civil Petitions for Special Leave to Appeal Nos. 296/81 and 297/81.
2. Leave is granted to consider whether the land in dispute was subject to pre‑emption or was exempted under the notification of the Bahawalpur Government relevant on the subject and also to see whether there is any conflict between the two judgments of this Court as reported in Mst. Rehmat Bibi v. Nathe Khan and others (P L D 1969 S C 197) and Sher Muhammad and others v. Abdul Khaliq and others (1968 S C M R 320) and which of them is applicable to the facts and circum stances of the present case
3. Status quo regarding the possession to continue subject to the petitioners furnishing security for mesne profits from the date of the decree of the learned trial Court till the delivery of possession to the plaintiffs in case this appeal goes against the petitioners. The petitioners should also give security that in that eventuality they will voluntarily surrender the land to the plaintiffs without any hurdle or obstacle alongwith the mesne profits without resort to execution proceedings. Security to be furnished within one month. If this security is not furnished within the stipulated time there will be no order of stay. Security to be furnished to the satisfaction of the Additional District Judge, Bahawalnagar.
4. Security for Courts Rs. 2,000 in each case.
Leave granted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer