1985 PLP 521 (SCMR)
KALU‑‑Petitioner Versus MUHAMMAD RASHID and another‑‑Respondents
| Citation | 1985 PLP 521 (SCMR) |
| Forum / Court | ‑‑‑Arts.185(3) & 199‑‑Civil Procedure Code (V of 1908), S.11‑‑Petitioner failing to obtain relief in writ jurisdiction for allotment of additional accommodation, filed second writ petition‑‑Matter becoming res judicata, petition dismissed‑‑Leave to appeal refused by Supreme Court on ground that relief cannot be given without review of earlier order specifically turning down plea for additional accommodation. Res judicata. |
| Bench Members | Muhammad Afzal Zullah and M.S.H. Quraishi, JJ |
| Parties | KALU‑‑Petitioner Versus MUHAMMAD RASHID and another‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1985 PLP 521 (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 521 (SCMR)?
The case was heard and decided by the ‑‑‑Arts.185(3) & 199‑‑Civil Procedure Code (V of 1908), S.11‑‑Petitioner failing to obtain relief in writ jurisdiction for allotment of additional accommodation, filed second writ petition‑‑Matter becoming res judicata, petition dismissed‑‑Leave to appeal refused by Supreme Court on ground that relief cannot be given without review of earlier order specifically turning down plea for additional accommodation. Res judicata. bench comprising: Muhammad Afzal Zullah 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 521 (SCMR) (KALU‑‑Petitioner Versus MUHAMMAD RASHID and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.A. Qureshi, Advocate‑on‑Record for Petitioner.
- Inayat Hussain, Advocate‑on‑Record for Respondents
- Date of hearing: 12th August, 1984.
Headnotes / Summary
(From the order of the Lahore High Court, dated 20‑1‑1980 passed in Writ Petition No.585‑R of 1974). ‑‑‑Arts.185(3) & 199‑‑Civil Procedure Code (V of 1908), S.11‑‑Petitioner failing to obtain relief in writ jurisdiction for allotment of additional accommodation, filed second writ petition‑‑Matter becoming res judicata, petition dismissed‑‑Leave to appeal refused by Supreme Court on ground that relief cannot be given without review of earlier order specifically turning down plea for additional accommodation. [Res judicata].
Judgment & Decree
M.S.H.QURAISHI, J.‑‑The dispute relating to the transfer of property No.SW‑III‑57‑S‑14, Bheem Street, Krishan Nagar, Lahore, had been concluded by the order of a learned Single .Judge of the Lahore High Court passed on 31‑10‑1968 in an earlier writ petition filed by the petitioner, whereby the petition had been partly accepted in the following words:‑‑ "the present writ petition is accepted so far as the cancellation of P.T.O. regarding one room from the name of the petitioner is concerned. The said room should be transferred to petitioner. So far as the prayer for claiming some additional accommodation in the portion in dispute or for quashing the order of the Addl. Settlement Commissioner, dated 17‑2‑1961, is concerned, the writ petition fails." The petitioner felt satisfied and did not challenge the above order. However in subsequent proceedings he laid claim for transfer of the courtyard, latrine and kitchen in the property but this was denied to him and his writ petition was rejected by the Lahore High Court on 20‑1‑1980 on the ground of the matter having become res judicata.
2. Learned counsel urges that the petitioner should at least be provided with access to the room given to him by the earlier order of the High Court, but this cannot be done without review of that order whereby his plea for additional accommodation had been specifically turned down. The petition for leave to appeal is accordingly dismissed. M.I. Petition dismissed.