1985 PLP 1881 (SCMR)
MUZAFFAR KHAN — Petitioner Versus ALLAH YAR KHAN — Respondent
| Citation | 1985 PLP 1881 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and M.S.H. Quraishi, JJ |
| Parties | MUZAFFAR KHAN — Petitioner Versus ALLAH YAR KHAN — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1985 PLP 1881 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 1881 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and M.S.H. Quraishi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 1881 (SCMR) (MUZAFFAR KHAN — Petitioner Versus ALLAH YAR KHAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- G.A. Farid Khan, Advocate Supreme Court instructed by Rana Maqbool Ahmad Kadri, Advocate-on-Record for Petitioner.
- Shehzad Jehangir, Senior Advocate Supreme Court for the Settlement Department on notice for Respondent.
- Date of hearing: 25th May, 1985.
- G.A. Farid Khan, Advocate Supreme Court instructed by Rana Maqbool Ahmad Kadri, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(From the order of the Lahore High Court, dated 23-1-1980, passed in Civil Revision No. 1357 of 1979).
Art. 185(3)--Leave to appeal, grant of--Contention not raised before High Court, not allowed to be raised before Supreme Court--Matter having been examined and rejected by High Court, no case made out for interference--Petition dismissed.
Judgment & Decree
‑‑‑Art. 185(3)‑‑Leave to appeal, grant of‑‑Contention not raised before High Court, not allowed to be raised before Supreme Court‑‑Matter having been examined and rejected by High Court, no case made out for interference‑‑Petition dismissed. G.A. Farid Khan, Advocate Supreme Court instructed by Rana Maqbool Ahmad Kadri, Advocate‑on‑Record for Petitioner. Shehzad Jehangir, Senior Advocate Supreme Court for the Settlement Department on notice for Respondent. Date of hearing: 25th May, 1985. M.S.H. QURAISHI, J.‑‑This petition arises out of a suit instituted by respondent Allah Yar Khan for possession of the disputed house which he claimed to belong to him by purchase from Sultan Mahmood against consideration of Rs.140 as evidenced by sale‑deed, dated 20‑1‑1932 Exh. P.l. The suit was dismissed but on appeal, the appellate Court decreed the suit. The petitioner came in revision before the High Court but the same was dismissed in limine by the impugned order, dated 23‑1‑1980.
2. Learned counsel has contended that in view of section 17(1)(b) read with section 49 of the Registration Act, the sale‑deed Exh.P.l, relied upon by the respondent /plaintiff, could not create or confer any title or interest in him. But this contention not having been taken before the High Court cannot be allowed to be raised before us. The petitioner's own case based on certain documents had been examined but rejected by the High Court. No case is, therefore, made out for interference. This petition is dismissed. M. I. Petition dismissed.