1989 PLP 1121 (SCMR)
Present: Muhammad Afzal Zullah and Saad Saood Jan, JJ Versus AKBAR ALI AKHTAR and another‑‑Respondents
| Citation | 1989 PLP 1121 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | Present: Muhammad Afzal Zullah and Saad Saood Jan, JJ Versus AKBAR ALI AKHTAR and another‑‑Respondents |
Q1: What are the key laws and sections cited in 1989 PLP 1121 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1121 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1121 (SCMR) (Present: Muhammad Afzal Zullah and Saad Saood Jan, JJ Versus AKBAR ALI AKHTAR and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Syed Fayyaz Hussain Qadri, Advocate (absent) and Syed Abid Nawaz, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 29th March, 1989.
Headnotes / Summary
(On appeal from the order, dated 14th April, 1985 of the Lahore High Court, in Civil Revision No‑547‑D of 1983). Constitution of Pakistan (1973)‑‑ ‑‑‑Art.185(3)‑‑Petition for leave to appeal‑‑Petitioner in circumstances of the case, had been allowed sufficiently effective relief by the High Court‑‑Leave to appeal refused.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑After hearing the learned counsel in support of this petition we do not consider it necessary to grant leave to appeal, as m our view, in the circumstances of the case, the petitioner has been allowed sufficiently effective relief in the last paragraph (No.4) of the impugned judgment. When properly understood the said part of the judgment means that the declaration and other relief s granted to the respondents, are subject to the following provisos:‑‑ (1) "The decree shall not protect the unauthorized structure raised by the plaintiff‑respondents. (2) They shall obtain a sanction of the competent authority before raising any structure and (3) The Lahore Municipal Corporation will be competent to demolish the unauthorised structure in accordance with law." In the light of what is stated above leave to appeal, with the foregoing observations, is refused. M.BA./L‑25/S Leave refused.