1990 PLP 951 (SCMR)
SARDAR and others‑‑‑Petitioners Versus SHAUKAT ALI and others‑‑‑Respondents
| Citation | 1990 PLP 951 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid; Saad Saood Jan and Abdul Shakurul Sala :, JJ |
| Parties | SARDAR and others‑‑‑Petitioners Versus SHAUKAT ALI and others‑‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 951 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 951 (SCMR)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid; Saad Saood Jan and Abdul Shakurul Sala :, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 951 (SCMR) (SARDAR and others‑‑‑Petitioners Versus SHAUKAT ALI and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondents.
- Date of hearing: 7th January, 1990.
- Sh. Masud Akhtar, Advocate‑on‑Record, Supreme Court for the Petitioners.
Headnotes / Summary
(On appeal from the judgment and order dated 16‑5‑1982 of the Lahore High Court, Lahore, in Civil Revision No. 524 of 1982). ‑‑‑‑S. 9‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Jurisdiction‑‑‑Leave to appeal‑‑‑Where property was allotted as evacuee and possession was delivered to allottee and such allotment was never challenged, any person claiming an interest in allotted property, would be required to apply to Custodian Authorities for declaration in his favour‑‑‑Petitioner claiming interest m allotted property having never done so, his declaratory suit filed before Civil Court, held, was rightly dismissed by Courts below on ground of lack of jurisdiction. Sh. Masud Akhtar, Advocate‑on‑Record, Supreme Court for the Petitioners.
Judgment & Decree
Sh. Masud Akhtar, Advocate‑on‑Record, Supreme Court for the Petitioners. Nemo for Respondents. Date of hearing: 7th January, 1990. ABDUL SHAKURUL SALAM, J.‑Petitioners' suit for declaration that the property vested in them and was not evacuee was dismissed by the learned Civil Judge, Bhakkar. District Mianwali, vide judgment and decree dated 19‑4‑1980, appeal by the learned District Judge, Mianwali on 4‑1‑1982 and revision by the learned Lahore High Court, Lahore on 16‑5‑1982, for lack of jurisdiction. Hence this petition for leave to appeal. The contention of the learned counsel for the petitioners is that the land in dispute was part of Shamlat Deh and was not alienated by their predecessor‑in -interest in favour of an evacuee. Therefore, the Civil Court had the jurisdiction to entertain the suit and decide the question as to whether the disputed property was correctly treated as an evacuee property. It has been found that the property was allotted as evacuee and possession delivered to the allottee. The allotment was never challenged. Any person claiming an interest was required to apply to the Custodian authorities for a declaration in his favour. It was never done. The suit, in the circumstances, was rightly dismissed and order upheld by the two Courts below. No case is made out for interference by this Court. The petition is, therefore, dismissed. H.B.T./S‑509/S Petition dismissed.