1983 PLP 1192 (SCMR)
FAIZ-UDDIN AHMAD — Petitioner Versus MUHAMMAD YUSUF AND OTHERS-Respondents
| Citation | 1983 PLP 1192 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, Muhammad Afzal Zullah and |
| Parties | FAIZ-UDDIN AHMAD — Petitioner Versus MUHAMMAD YUSUF AND OTHERS-Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1983 PLP 1192 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1983 PLP 1192 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, Muhammad Afzal Zullah and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1983 PLP 1192 (SCMR) (FAIZ-UDDIN AHMAD — Petitioner Versus MUHAMMAD YUSUF AND OTHERS-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abid Hussain Minto, Advocate and Sh. Masud Akhtar Advocate-on -Record for petitioner.
- Nemo for Respondents.
- Date of hearing : 3rd May, 1983.
- Abid Hussain Minto, Advocate and Sh. Masud Akhtar Advocate‑on -Record for petitioner.
Headnotes / Summary
(On appeal from the judgment of Lahore High Court dated 4-7-1979 in Regular Second Appeal No. 683 of 1977).
Art. 185(3) read with Displaced Persons (Land Settlement) Act (XLVII of 1958)--Transfer of land--Leave to appeal
Granted to examine (i) whether Civil Court possessed jurisdiction to try subject-matter of suit relating to transfer of land under Act and (ii) whether High Court could, instead of remanding case for proper trial and decision, decide and decree suit itself.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH J.‑‑After hearing the learned counsel we consider it a fit case for grant of leave‑ to appeal for examination of the following two questions :‑ (1) Whether the Civil Court had jurisdiction to try the subject‑matter o the suit in question, which related to the transfer of the property under Land Settlement Law 7 and (2) Whether in case the civil Court has jurisdiction, the High Court should have, instead of remanding, the case for proper trial and decision by the learned trial Court (the plaint was rejected in this under order VII, rule 11), decided it itself, decreeing the suit in favour of the respondent ? Order accordingly. Security Rs. 2,
500. The appeal shall be prepared for hearing within two months on the present record with liberty to the parties to file additional documents, if necessary, S. Q. Leave granted.