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Criminal Miscellaneous Petition No.66-R of 1984, decided on 21st October, 1984.
---Art.185(3)--Contempt of Court--Case of petitioner based upon assertion that form filed by respondent under Settlement Scheme No. VIII was forged and so was order of transfer made in his favour Such assertions could not be examined for first time by Supreme Court as they required an enquiry into questions of fact--No case, therefore, was made out for proceeding against respondent for contempt--Petition dismissed.--[Contempt of Court).
Kh. Muhammad Farooq, Senior Advocate Supreme Court instructed by Ghulam Dastgir, Advocate-on-Record for Petitioners.
M.A. Siddiqi, Advocate-on-Record for Respondents.
Date of hearing: 21st October, 1984.
The petitioners are the heirs of Umar Din who, it is claimed, was one of the four persons in joint possession of godown No. U/218-A, Mochi Bazar, Rawalpindi. Umar Din and the other occupants sought transfer of the portions of the godown in their respective possession but the Settlement Commissioner, exercising the powers of the Chief Settlement Commissioner, by order, dated 6-7-1961 held th9t the godown was a separate property and directed that the same be disposed of by auction. This order acquired finality when the challenge-to it failed ultimately by the dismissal of Civil Petition for Special Leave to Appeal No. 72 of 1972 on 4-7-1972. During the continuance of the litigation, however, Muhammad Sharif (respondent No.2) son of Sardar Muhammad (respondent No.l), obtained transfer of the godown on 6-12-1968 on the basis of his C.S. form filed under Scheme No. VIII. It is submitted that Muhammad Sharif was neither in possession of the godown nor a claimant and as such he could not submit the C.S. form which, according to the petitioners, was even otherwise forged, fake and ante-dated. Sardar Muhammad by association with his son, obtained P. T. D. in his favour on 12-3-1973. On 28-11-1973, he sold the godown in favour of Muhammad Rafiq (deceased and predecessor-in-interest of respondents 3 to 8) who later transferred back 50 of the godown in favour of Sardar Muhammad by another sale-deed. On these facts it is submitted that Sardar Muhammad, Muhammad Sharif and Muhammad Rafiq committed contempt of this Court by not obeying its order, dated 4-7-1972 and, therefore, the respondents be punished accordingly.
2. The case of the petitioners is based upon the assertion that the form filed by Muhammad Sharif under Scheme No. VIII was forged and so was the order of transfer made in his favour on G-12-1968. The above assertions cannot obviously be examined for the first time by this Court as they require an enquiry into questions of fact. No case is, therefore, made out for proceeding against the respondents fort contempt. The petition is dismissed.
M . Z . M . Petition dismissed.
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