1999 PLP 1561 (SCMR)
Syed BASHIR HUSSAIN SHAH and others — Petitioners Versus LUQMAN ATHER KHAN and others — Respondents
| Citation | 1999 PLP 1561 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan and Ch. Muhammad Arif, JJ |
| Parties | Syed BASHIR HUSSAIN SHAH and others — Petitioners Versus LUQMAN ATHER KHAN and others — Respondents |
Q1: What are the key laws and sections cited in 1999 PLP 1561 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 1561 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan and Ch. Muhammad Arif, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 1561 (SCMR) (Syed BASHIR HUSSAIN SHAH and others — Petitioners Versus LUQMAN ATHER KHAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Dr. A. Basit, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner.
- Mian Nusratullah, Senior Advocate Supreme Court and C.M. Latif Advocate-on-Record for Respondent No.2.
- 3. Mian Nusratullah, Senior Advocate Supreme Court, learned counsel for respondent No.2 has also argued that the proceedings now pending before the Collector are distinct and separate from the subject-matter of the earlier litigation between the parties which culminated in the judgment of this Court dated 11-11-1996. The matter requires serious consideration whether the respondent is guilty of abuse of the process of law and contempt of Court by approaching the Collector notwithstanding the finality of the judgment rendered by this Court in the earlier round of litigation. At this stage Dr. A Basit, learned counsel for the petitioners seeks adjournment to place relevant documents on record in support of his contention. This is not opposed by Mian Nusratullah. Resultantly, the parties may, if so desired, produce additional documents in support of their respective contentions within 10 days. Meanwhile, the proceedings in the case of Asama Tariq y. Malik Habib Ullah and Pakistan Expatriates Cooperative Housing Society'- Lahore, pending before the A.D.C. (G) , Headquarters, Lahore, are staye till the final disposal of Criminal Original No. 14-L/ 1997.
Headnotes / Summary
Specific Relief Act (I of 1877)...
Ss. 42 & 54
Constitution of Pakistan (1973), Art. 185(3)
Suit for permanent injunction and declaration
Plaintiff had challenged allotment of land in dispute which had earlier been upheld by Supreme Court in favour of defendants
Suit was dismissed by Trial Court on ground that controversy with regard to allotment of land had finally stood decided by Supreme Court
Appeal against judgment of Trial Court also having been dismissed, plaintiff approached Collector and contended that proceedings pending before Collector were distinct and separate from subject-matter of earlier litigation between parties which culminated in judgment of Supreme Court
Matter required serious consideration as to whether plaintiff was guilty of abuse of process of law and contempt of Court by approaching Collector notwithstanding finality of judgment rendered by Supreme Court in earlier round of litigation-- Proceedings pending before Collector, were stayed till final disposal of petition.
Judgment & Decree
IRSHAD HASAN KHAN, J.
The dispute herein relates to allotment obtained by Syed Bashir Hussain Shah, the predecessor-in-interest of the present petitioner in Khata No.556 R.O.11 of village Sadoki for 793 Kanals, 11 Marlas of land against 1278 P.I. Units which had stood transferred to Sadoki, Lahore from Gujrat District vide Report No.373 dated 17-3-1962 in the Revenue Record.
2. On 19-11-1996, Asama Tariq, respondent No.2 herein had filed a suit for permanent injunction and declaration, challenging the allotment in dispute, which had earlier been upheld by this Court in favour of the petitioners vide judgment dated 3-4-1996 in Civil Petition No. 1411-L of 1995. Review petition filed against-the said judgment was also dismissed on 11-11-1996 passed in Civil Review No.70-L of 1996. However, the trial Court dismissed the suit vide judgment dated 11-7-1997 on the ground that the controversy stood finally decided by this Court. The appeal filed by the respondent was also dismissed by Additional District Judge on 10-9-1997. Asama Tariq respondent No.2 then approached the Collector/Deputy Commissioner, Lahore on the ground that the land in dispute was included in his ownership as well as his brother Khubaib Ahmed Khan as a result of consolidation proceedings on the basis of Register Haqdaran Zamin for the year 1988-89.
3. Mian Nusratullah, Senior Advocate Supreme Court, learned counsel for respondent No.2 has also argued that the proceedings now pending before the Collector are distinct and separate from the subject-matter of the earlier litigation between the parties which culminated in the judgment of this Court dated 11-11-1996. The matter requires serious consideration whether the respondent is guilty of abuse of the process of law and contempt of Court by approaching the Collector notwithstanding the finality of the judgment rendered by this Court in the earlier round of litigation. At this stage Dr. A Basit, learned counsel for the petitioners seeks adjournment to place relevant documents on record in support of his contention. This is not opposed by Mian Nusratullah. Resultantly, the parties may, if so desired, produce additional documents in support of their respective contentions within 10 days. Meanwhile, the proceedings in the case of Asama Tariq y. Malik Habib Ullah and Pakistan Expatriates Cooperative Housing Society'- Lahore, pending before the A.D.C. (G) , Headquarters, Lahore, are staye till the final disposal of Criminal Original No. 14-L/ 1997. H.B.T./B-25/S Order accordingly.