1987 PLP 2856 (MLD)
Mir GHULAM ABBAS and 4 others — Applicants Versus Mst. SARAN and 13 others — Respondents
| Citation | 1987 PLP 2856 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Saeeduzzaman Siddiqui, J |
| Parties | Mir GHULAM ABBAS and 4 others — Applicants Versus Mst. SARAN and 13 others — Respondents |
| Primary Law | Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 1987 PLP 2856 (MLD)?
This judgment primarily cites: Specific Relief Act (I of 1877) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 2856 (MLD)?
The case was heard and decided by the Karachi bench comprising: Saeeduzzaman Siddiqui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 2856 (MLD) (Mir GHULAM ABBAS and 4 others — Applicants Versus Mst. SARAN and 13 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Namitullah Qureshi for Respondents.
- Date of hearing: 8th September, 1987.
Headnotes / Summary
S.42--Suit for declaration and permanent injunction claiming Mokhadmi right in Jagir--Jagirdar, held, had soil right on Jagir and as such Mokhadmi right could not be claimed by any one in respect of same Jagir. Mir Haji Khan and 11 others v. Mir Ejaz Ali Khan and others P L D 1981 S C 302 rel. Imam Ali Kazi for Applicants.
Judgment & Decree
Specific Relief Act (I of 1877)-- --S.42--Suit for declaration and permanent injunction claiming Mokhadmi right in Jagir--Jagirdar, held, had soil right on Jagir and as such Mokhadmi right could not be claimed by any one in respect of same Jagir. Mir Haji Khan and 11 others v. Mir Ejaz Ali Khan and others P L D 1981 S C 302 rel. Imam Ali Kazi for Applicants. Namitullah Qureshi for Respondents. Date of hearing: 8th September, 1987. Learned counsel for the parties jointly state that this Revision can be disposed off in view of the pronouncement of the .Supreme Court in the case of Mir Haji Khan and 11 others v. Mir Ejaz Ali Khan and others P L D 1981 S C
302. It may be stated here that the respondents in the Revision Application instituted a civil suit for declaration and permanent injunction claiming Mokhadmi right in Litnyo Jagir bearing ;survey Nos.2,4 to 20 measuring 126 acres. The suit was dismissed by the trial Court but on appeal the learned first appellate Court decreed the suit against which the present Revision Application has been filed. The question raised in this Revision Application relates to the same Jagir which was subject-matter of decision in the case of Mir Haji Khan and others v Mar Ejaz Ali, referred to above. In fact Haji Khan who was partly in the above cited case is also a party in the present Revision Application. It is conceded by the learned counsel for the respondents that in view of the Supreme Court decision referred to above the decree of the first appellate Court cannot stand as according to the judgment of the Supreme Court the Jagirdar is held to have soil right in Jagir and as such Mokhadami right could not have been claimed by any one in respect of the same Jagir. This Revision Application is accordingly allowed. The judgment and decree of the first appellate Court is set aside but there will be no order as to costs. M.Y.H./G-44/K Petition allowed.