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 Petition for Special Leave to Appeal No. 1088 of 1981, decided on 25th April, 1982.
(On appeal from the judgment and order dated 20‑9.‑1981 of the Lahore High Court, Lahore, in Writ Petition No. 4301 of 1981).
Arts. 185(3) & 199 read with Punjab Land Dispositions (Saving of Shamilat) Act, 1951 (IV of 1952)‑Leave to appeal granted to examine (i) effect of decree of civil Court in favour of petitioner when not challenged in any higher forum; (ii) whether dismissal of writ peti tion by High Court would operate as res judicata, and (iii) provisions of Act of 1951‑Civil Procedure Code (V of 1908), S.11.
Tanveer Ahmad, Advocate‑on‑Record for Petitioner.
M. A. Qureshi, Advocate‑on‑Record and A. Aziz, Advocate Supreme Court for Respondents.
Date of hearing: 25th April, 1982.
Leave to appeal is granted, inter alia, to examine the effect of the decree of the civil Court in favour of the petitioner particularly when it was not challenged in any higher forum in the hierarchy of the civil Courts. It would also require examination whether the dismissal of the Writ Petition No. 1021 of 1962 on 30th November, 1962, by the High Court would operate as res judicata. Amongst other questions, the provisions of Punjab Land Disposition (Saving of Shamilat) Act, 1951, would also require examination vis‑a‑vis, this case.
It is admitted that the direction for deposit of cash as a condition for maintenance of status quo regarding the alleged possession of the petitioner was not made, therefore, the order dated 9‑12‑1981 would not in any way enure for the benefit of the petitioner. Learned counsel for the caveators has pointed out that the physical possession is not with the petitioner. Be that as it may, it is observed that there being no interim order in his favour, no further comment is necessary in this behalf.
Security Rs. 2,000.
The appeal shall be made ready on the present record with liberty to file additional documents.
S.Q Leave refused
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer