1989 PLP 1246 (SCMR)
FAZAL and others‑‑Petitioners Versus ALLAH DITTA and others‑‑Respondents
| Citation | 1989 PLP 1246 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Allah and Saad Saood Jan, JJ |
| Parties | FAZAL and others‑‑Petitioners Versus ALLAH DITTA and others‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1246 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1246 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Allah 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 1246 (SCMR) (FAZAL and others‑‑Petitioners Versus ALLAH DITTA and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Rashid Chughtai, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners.
- Abdul Karim Malik, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate‑on‑Record for Respondents.
- Date of hearing: 26th March, 1989.
Headnotes / Summary
(From the order dated 12‑5‑1985 of the Lahore High Court in C. R. No.883/D of 1985). ‑‑‑Art.185(3)‑‑Dispute as to property‑‑Property was apparently located in the Abadi Deh and the petitioners were Mueens of the village‑‑Question as to whether it was open to the respondents who were Malkan‑e‑Deh to evict the petitioners, was required to be examined in the light of the entries in the Wajibul arz and other record prepared at the time of settlement‑‑Supreme Court granted open leave to appeal with direction to both the parties to produce all the relevant documents including copies of the Wajabul‑arz and Riwaj‑e‑Aam prepared both in the earliest and the latest settlements.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑The petitioners seek leave to appeal from the order of the Lahore High Court whereby their revision petition from the judgment of the Additional District Judge, Sheikhupura, was dismissed.
2. The petitioners are in possession of a Haveli covering an area of 1 kanal 7 marlas situate in village Jamalpur of tehsil Nankana. The respondents are owners in the said village. The petitioners have been in occupation of the Haveli since the time of their forefathers. On 28‑6‑81, the respondents tiled a civil suit for a declaration that they were owners of the Haveli. They also sought the eviction of the petitioner. The trial Court dismissed the suit but on appeal, the Additional District Judge decreed it. The High Court in revision declined to interfere with the judgment of the Additional District Judge.
3. The Haveli in dispute is apparently located in the Abadi‑Deh and the petitioners are Mueens of the village. A question arises whether it is open to the petitioners who are 'Malkan‑e‑Dch' to evict the petitioner. This question requires to be examined in the light of the entries in the Wajabul‑arz and other record prepared at the time of settlements. Accordingly, we would grant open leave to appeal. Both parties are directed to produce all the relevant documents including copies of the Wajabul‑arz and Rewaj‑e‑Aam prepared both in the earliest and the latest settlements. Security for costs in the sum of Rs.2,
000. During the pendency of the appeal, the petitioners shall not be dispossessed. M.B‑A./F‑116/S Leave granted.