1981 PLP 654 (CLC)
MUHAMMAD YAQOOB ETC.‑Petitioners Versus GHULAM MUHAMMAD ETC.‑Respondents
| Citation | 1981 PLP 654 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Khurshid Ahmad, J |
| Parties | MUHAMMAD YAQOOB ETC.‑Petitioners Versus GHULAM MUHAMMAD ETC.‑Respondents |
Q1: What are the key laws and sections cited in 1981 PLP 654 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 654 (CLC)?
The case was heard and decided by the Lahore bench comprising: Khurshid Ahmad, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 654 (CLC) (MUHAMMAD YAQOOB ETC.‑Petitioners Versus GHULAM MUHAMMAD ETC.‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Malik Muhammad Nawaz for Petitioners.
- Ch. Muhammad Abdul Saleem for Respondents.
- Date of hearing : 22nd April 1980.
Headnotes / Summary
(a) Specific Relief Act (I of 1877)‑ ‑‑ S. 42‑Declaratory suit‑Petitioner filing suit for declaration that shop belonged to Provincial Government and its transfer in favour of respondents by Settlement Authorities illegal and ultra vires, with prayer for perpetual injunction restraining respondents from ejecting petitioners from shop‑Held, there being nothing like possessory right in abstract form respecting which declaration could be granted and plaintiff having not shown to have rights in property, suit rightly dismissed. Mt. Shankri v. Milkha Singh A I R 1941 Lab. 407 and Inayat Ullah Shah Muhammad P L D 1961 Lab. 372 ref, (b) Specific Relief Act (I of 1877)‑‑ ‑‑ S. 9‑Dispossession of person in lawful possession‑Lawful posses sion of person dispossessed, held, to be restored irrespective of his title, within six months. Fazal Muhammad v. Muhammad Usman P L D 1970 Lah. 560 ref. (c) Civil Procedure Code (V of 1908)‑ ‑‑ O. VII, r. I1‑Plaint, rejection of‑Petitioners filing suit for declara tion of shop having belonged to Provincial Government‑Petitioners, in such case, held, did not have locus standi to file suit and plaint did not disclose any cause of action.‑[Plaint‑Locus standi].
Judgment & Decree
Mt. Shankri v. Milkha Singh A I R 1941 Lab. 407 and Inayat Ullah Shah Muhammad P L D 1961 Lab. 372 ref, (b) Specific Relief Act (I of 1877)‑‑ ‑‑ S. 9‑Dispossession of person in lawful possession‑Lawful posses sion of person dispossessed, held, to be restored irrespective of his title, within six months. Fazal Muhammad v. Muhammad Usman P L D 1970 Lah. 560 ref. (c) Civil Procedure Code (V of 1908)‑ ‑‑ O. VII, r. I1‑Plaint, rejection of‑Petitioners filing suit for declara tion of shop having belonged to Provincial Government‑Petitioners, in such case, held, did not have locus standi to file suit and plaint did not disclose any cause of action.‑[Plaint‑Locus standi]. Malik Muhammad Nawaz for Petitioners. Ch. Muhammad Abdul Saleem for Respondents. Date of hearing : 22nd April 1980.