P L D 1993 Peshawar 71 (PLP)
YAQUB‑‑Applicant Versus ALI ZAMAN‑‑Respondent
| Citation | P L D 1993 Peshawar 71 (PLP) |
| Forum / Court | |
| Bench Members | Muhammad Bashir Khan Jehangiri, J |
| Parties | YAQUB‑‑Applicant Versus ALI ZAMAN‑‑Respondent |
| Primary Law | West Pakistan Land Revenue Act (XVII of 1967)‑‑ |
Q1: What are the key laws and sections cited in P L D 1993 Peshawar 71 (PLP)?
This judgment primarily cites: West Pakistan Land Revenue Act (XVII of 1967)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1993 Peshawar 71 (PLP)?
The case was heard and decided by the bench comprising: Muhammad Bashir Khan Jehangiri, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1993 Peshawar 71 (PLP) (YAQUB‑‑Applicant Versus ALI ZAMAN‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Sajjad Hussain Shah for Respondent.
- Date of hearing: 23rd December, 1992.
Headnotes / Summary
‑‑‑‑S. 6‑‑‑Government of N.‑W.F.P. Notification No.29442, dated 4‑11‑1991‑‑ Exclusion of villages from jurisdiction of one District and merger with an area of other District‑‑‑Effect on pending cases‑‑‑Held, cases/proceedings pending in the former Court at the time of re‑adjustment did not either get transferred automatically to the other Court or become liable to be transferred to the other Court for such exclusion and merger‑‑‑Where, however, the former Court still existed, it continued to retain seisin over the matters pending before it‑‑‑Where such Court, however, ceased to exist or was otherwise abolished then the transfer of business from that Court became inevitable. AIR 1943 Mad. 449 ref. Fazal Gul for Applicant.
Judgment & Decree
AIR 1943 Mad. 449 ref. Fazal Gul for Applicant. Syed Sajjad Hussain Shah for Respondent. Date of hearing: 23rd December, 1992. Brief facts giving rise to this application for transfer are that Yaqoob plaintiff‑petitioner instituted on 5‑11‑1989 Suit No.180/1 against Ali Zaman for recovery of mense profits with regard to the landed property situate in village Jabba Nazar Gali, Dakhli Maira Khairu, when this village formed part of the Revenue District of Mansehra. The Senior Civil Judge. Mansehra therefore, had taken cognizance of this suit. In the wake of creation of Revenue District; Haripur, and by virtue of Notification No.29442 dated 4‑11‑1991, the Government of N.‑W.F.P. ‑ in exercise of powers under section 6 of the West Pakistan Land Revenue Act (XVII) 1967 excluded 14 villages including Maira Khairu from the jurisdiction of Mansehara District and merged them with Haripur Tehsil. The Senior Civil Judge, Mansehra, ceased to have jurisdiction. It is, therefore, prayed that this case be transferred to the Court of Senior Civil Judge, Haripur.
2. There is a volume of case‑law including AIR 1943 Mad.449 that deals with the situations resulting from the territories within the jurisdiction of one Court being transferred to another in consequence of notification issued by the Government and also with the consequences arising from re‑adjustment of territorial limits of jurisdiction of subordinate Courts by the notification issued by the High Court whereby the land in suit situate in one Court is assigned to another Court. There is concurrence of view that cases/proceedings pending in the former Court at the time of re‑adjustment do not either get transferred automatically to the other Court or become liable to be transferred to the other Court for such a reason but when the former Court still exists it continues to retain seisin over the matters pending before it. In a case where such Court, however, ceases to exist or is otherwise abolished then the transfer of business of that Court becomes inevitable.
3. The transfer of Suit No.180/1 of 1988 filed by Yaqoob petitioner against Ali Zaman respondent, from the Court of Senior Civil Judge, Mansehra to the Court of Senior Civil Judge, Haripur was, however, not contested by the learned counsel for the respondent, therefore, this suit is accordingly transferred to the Court of Senior Civil Judge, Haripur for disposal. M.BA./1440/P Order accordingly.