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Writ Petition No.3425 of 1986, decided on 16th March, 1987.
--S.523--Supardari--Documents as well as certificate issued by Registering Authority showing that respondent had an arguable case--Impugned order of Supardari in favour of respondent also based on sound reasons--Vehicle in dispute taken into possession by Police from custody of respondents' driver--Interference with Supardari order passed by Sessions Judge declined, in circumstances.
Malik Abdus Sattar Chughtai for Petitioner.
Rao Hamid Mukhtar Khan for Respondent No.3.
Dates of hearing: 14th and 16th March, 1987.
The dispute in this writ petition pertains to an Oil Tanker/Bus. According to Shaukat Ali petitioner he had purchased it from Muhammad Akram and Muhammad Aslam on instalments on higher purchase basis. He employed Muhammad Siddiqui as driver from whom Riaz Ahmad Cheema fraudulently secured his signatures or a blank stamped papers and snatched the Oil-Tanker/Bus from him. Consequently, he got a case registered at P.S. Saddar, Jhang under sections 379, 420, 468 & 471 against Riaz Ahmad Cheema etc. on 22-3-1986. During investigation the police took into possession the Oil Tanker/Bus on 4-7-1986 from one Aziz Muhammad, driver of Muhammad Ali respondent No.3. Shaukat All, Muhammad Ali and Riaz Ahmad Cheema submitted separate applications for Supardari. The learned Assistant Commissioner, Jhang vide his order, dated 31-5-1986, dismissed all the applications. Feeling aggrieved Muhammad Ali and Shaukat Ali, petitioner filed revision petitions in the Court of Session. The learned Addl. Sessions Judge Jhang, by his judgment dated 10-8-1986, accepted the revision of Muhammad Ali and directed that the 011 Tanker/Bus be given on Supardari to him. The revision filed by Shaukat Ali Petitioner was, however, dismissed.
The learned Addl. Sessions Judge observed that after perusal of the documents and the certificate dated 26-3-1986 issued by the Motor Registering Authority, Jhang and the order of Supardari_dated 5-1-1986 passed by Magistrate Ist Class, Faisalabad in favour of Riaz; Ahmad Cheema, prima facie conclusion was that they (Riaz Ahmad and Muhammad Ali) had an arguable case. Further that there was not dispute that the vehicle in question had been taken into possession) by the police from the custody of Aziz Muhammad, driver of -Muhammad' Ali.
2. I have heard the learned counsel for the parties and th petitioner. A disputed question of fact about the ownership of Oil Tanker/Bus in question and its transfer to the petitioner or Muhammad Ali, respondent or Riaz Ahmad Cheema arises which can only be determined after recording the parties' evidence. The order passed by the learned Addl. Sessions Judge, giving the Bus/Oil Tanker on Supardari to Muhammad Ali respondent is based on sound reasons.
Accordingly, I do not feel persuaded to interfere with the said order in the constitutional jurisdiction. In consequence, the petition fails and is dismissed.
However, the trial Court is directed to expedite the trial.
S. G. D./S-75/L Petition dismissed.
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