1991 PLP 1914 (SCMR)
MUHAMMAD MUNIR — Petitioner Versus FAIZ BAKHSH and others — Respondents
| Citation | 1991 PLP 1914 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and S. Usman Ali Shah, JJ |
| Parties | MUHAMMAD MUNIR — Petitioner Versus FAIZ BAKHSH and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1991 PLP 1914 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1914 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and S. Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1914 (SCMR) (MUHAMMAD MUNIR — Petitioner Versus FAIZ BAKHSH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Mahmood Aslam Pirzada, Advocate Supreme Court (absent) and Tanweer Ahmad Khan, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 19th August, 1989.
- Muhammad Mahmood Aslam Pirzada, Advocate Supreme Court (absent) and Tanweer Ahmad Khan, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Bahawalpur Bench, dated 20-10-1985, passed in R.SA. No.143 of 1971/BWP).
Art. 185(3)
Contention that High Court while reversing judgment passed First Appellate Court had acted illegally in totally ignoring the law laid down by Supreme Court
Contention of petitioner involving a question of public importance which needed examination
Leave to appeal was granted. Abdul Razzaq Havaldar v. Sheikh Muhammad Shafi P L D 1962 S C 134 ref.
Judgment & Decree
S. USMAN ALI SHAH, J:‑‑‑Muhammad Munir petitioner seeks leave to appeal against the order of the Lahore High Court, Bahawalpur Bench, dated 20‑10‑1985, whereby his R.SA. No.143‑71/BWP was dismissed. The respondents/plaintiffs filed a suit for perpetual injunction against the petitioner /defendants restraining them from interfering with their proprietary rights in the disputed land purchased by them from Sher Muhammad defendant No.l for a sale consideration of Rs.9,000 through a sale‑deed executed in their favour. The suit was resisted by the petitioner/defendants and after framing issues, the learned trial Judge recorded the evidence of the parties, decreed the suit of the respondents/plaintiffs vide his order dated 23‑4‑1968. Appeal of the petitioner/defendants before the District Judge was allowed on 21‑10‑71. The respondents went in regular second appeal before the Lahore High Court, Bahawalpur Bench. A learned Single Judge of the High Court who heard the R.SA. allowed the same and the judgment and decree dated 21‑10‑1971 passed by the District Judge was set aside and restored the judgment and decree dated 23‑4‑1968 of the Civil Judge in favour of the respondents vide impugned judgment. The learned counsel for the petitioner in support of this petition before us contended that the learned High Court while reversing the judgment passed by the 1st Appellate Court has acted illegally and totally ignored the law laid down by the Supreme Court in "Abdul Razzaq Havaldar v. Sheikh Muhammad Shafi PLD 1962 SC 134. We think the contention raised by the learned counsel involves a question of public importance which needs examination. Leave to appeal is granted. Security for cost in the sum of Rs.5,000. Appeal may be made ready for hearing on the present record‑with permission to the parties to file additional documents, if any. H.B.T./M‑1089/5 Leave granted.