2010 PLP 825 (CLC)

CH. MUHAMMAD TARIQ, J.

This civil revision has been directed against the judgment and decree dated 3-5-1999 passed by the learned Additional District Judge, Faisalabad, whereby the learned Additional District Judge confirmed the judgment and decree dated 5-4-1993 passed by Mr. Muhammad Azhar Chaudhary, Civil Judge, 1st Class, Faisalabad.

2. The brief facts of the case are that the predecessor of respondents filed a declaratory suit to the effect that he was resident of Kachi Abadi, Factory Area, Faisalabad prior to 1-1-1978 and in 1974-1975, Faisalabad Development Authority conducted a survey of the said Kachi Abadi but due to some mistake, his name was not entered in the survey list and when this fact came to his knowledge, he approached the concerned authorities but of no avail. However, according to policy and claim, he was allotted Quarter No.31-H as an alternate accommodation but despite of consistent claim he could not be given the proprietary rights so he filed the above suit for declaration which was contested by the Faisalabad Development Authority and out of the divergent pleadings of the parties, following issues were framed:-- Issues

1. Whether the Civil Court has got no jurisdiction to try the instant suit? OPD

2. Whether the instant suit is not maintainable in its present form? OPD

3. Whether the plaintiff has no cause of action? OPD

4. Whether the plaintiff's previous suit and appeal regarding the suit quarter was dismissed on 26-1-1991 and on 7-4-1991 respectively, if so, its effect? OPD

5. Whether the suit quarter was auctioned to Muhammad Ramzan son of Mehr Muhammad Bakhsh on 20-9-1988 for Rs.63,500, if so, its effect? OPD

6. Whether the plaintiff is entitled to a decree for declaration, as prayed for? OPP

7. Relief.

3. After recording of evidence, the learned trial Court dismissed the suit of respondents. The predecessor of respondents assailed the judgment and decree of the learned trial Court before the learned District and Sessions Judge, Faisalabad, who entrusted the appeal to Mr. Muhammad Rasheed Qamar, Additional District Judge, Faisalabad who vide judgment and decree dated 3-5-1999 accepted the appeal and set aside the judgment and decree of learned trial Court, hence this civil revision.

4. Arguments heard. Record perused.

5. According to the possession slip Exh.P-1 issued by the Officer Incharge Mela, Faisalabad Development Authority, Faisalabad it has been certified that Quarter No.31-H situated in Allama Iqbal Colony was handed over to the predecessor of respondents as an alternate accommodation, against his survey of Kachi Abadi, Factory Area, Faisalabad. In support of this document, they produced Exh.P.5 the application given by the predecessor of the respondents for the verification of the possession. Admittedly, the predecessor-in-interest of respondents have been putting up in the allotted quarter since 1978 and after the death of Malik Abdul Hameed the predecessor-in-interest of the respondents have been pursuing the case. A period of almost 31 years has elapsed. The parties are in litigation. Admittedly, the suit quarter is situated in Kachi Abadi of Faisalabad. The respondents can also take advantage of section 3 of Punjab Conferment of Proprietary Rights on Non-Proprietors in Abadi Deh Act, 1995 which provides as under: - "

3. Conferment of Proprietary Rights in land on non-proprietors.-Notwithstanding anything to the contrary contained in any law for the time being in force or in any agreement, instrument, custom or usage or in any decree or order of any Court or other authority, all rights, title and interest whatever, in the land which is situated within the Abadi Deh and which is under a house owned by a non-proprietor, shall, on the commencement of this Act, vest in the non-proprietor under whose house it is situate, free of charge, and no compensation shall be claimed by or paid to any person or Government affected by the vesture of proprietary rights in a non-proprietor under this section."

6. In the light of above discussion, this Court feels that this civil revision is without any merits, hence dismissed. A.R.K./F-8/L Petition dismissed.