1987 PLP 1347 (SCMR)
FEDERATION OF PAKISTAN and 2 others Petitioners Versus Major (Rtd.) MUHAMMAD SABIR KHAN Respondent
| Citation | 1987 PLP 1347 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, S.A. Nusrat and Ali Hussain Qizalbash, JJ |
| Parties | FEDERATION OF PAKISTAN and 2 others Petitioners Versus Major (Rtd.) MUHAMMAD SABIR KHAN Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1987 PLP 1347 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1347 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, S.A. Nusrat and Ali Hussain Qizalbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1347 (SCMR) (FEDERATION OF PAKISTAN and 2 others Petitioners Versus Major (Rtd.) MUHAMMAD SABIR KHAN Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Munir A. Shaikh, Deputy Attorney General instructed by Ch. Akhtar Ali, Advocate‑on‑Record for Petitioners.
- Iftikhar Muhammad, Advocate‑on‑Record for Respondent.
- Date of hearing 28th August, 1986.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of Baluchistan Quetta dated 24‑12‑1985 passed in Constitutional Petition No.21 of 1983). ‑‑‑Arts. 185(3) 199‑‑Constitutional petition‑‑Maintainability of Matter involving disputed questions of fact‑‑Leave to appeal granted to consider contention that Constitutional jurisdiction could not be invoked in matters requiring determination of factual controversies and detailed inquiry which required recording of evidence.
Judgment & Decree
S.A. NUSRAT, J.‑‑The respondent filed a Constitutional Petition in the Baluchistan High Court Quetta seeking relief that the action of the petitioner dispossessing him from agricultural land in dispute may be declared as without lawful authority and the petitioner directed to hand over possession of the land to him. The ownership of the land was claimed by respondent on the basis of certain registered and unregistered sale‑deeds executed between 1965 to 1971 by persons named in the documents and owners thereof. The Constitutional petition was resisted on the ground that the land belonged to Government of Baluchistan and was meant for the establishment of Corps Scouts of Mahsud Scouts. The respondent was said to be the first contingent Commandar of the Forces posted at Khuzdar at the relevant time and was entrusted with the job of procuring lands for that purpose. It was also averred that the possession of the land had all along been within the control of the Scouts. The learned High Court referred to as many at 10 documents produced on behalf of the respondent and two brought on the record on behalf of the Government. An objection was raised before the High Court on behalf of the petitioner with regard to the maintainability of the Constitutional petition on the ground that the matter involved disputed questions of fact. This plea was, however, rejected by the learned High Court. 2. It was contended by the learned counsel for the petitioner that .in the first place a Constitutional petition did not lie under Article 199 of the Constitution and such jurisdiction, in any case could not be invoked in matters requiring determination of factual controversies and detailed inquiry which required recording of evidence. 3. The above contentions need examination. Leave is accordingly granted. The interim order suspending the impugned judgment shall continue. M.I./F‑13/S Leave granted.