CLC 1981

1981 PLP 769 (CLC)

FAUJDAR AND 16 OTHERS‑Appellants Versus BATA SHOE Co. LTD., LAHORE‑Respondent

Jurisdiction / Court
Lahore
Decided Date
Regular Second Appeal No. 611 of 1978, decided on 17th March, 1980.
Honorable Judges
Muhammad Afzal Lone, J
Case Reference Summary (AEO Optimized)
Citation 1981 PLP 769 (CLC)
Forum / Court Lahore
Bench Members Muhammad Afzal Lone, J
Parties FAUJDAR AND 16 OTHERS‑Appellants Versus BATA SHOE Co. LTD., LAHORE‑Respondent
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1981 PLP 769 (CLC)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1981 PLP 769 (CLC)?

The case was heard and decided by the Lahore bench comprising: Muhammad Afzal Lone, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1981 PLP 769 (CLC) (FAUJDAR AND 16 OTHERS‑Appellants Versus BATA SHOE Co. LTD., LAHORE‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Sh. Ataullah Qureshi and Malik Muhammad Hussain for Appellants.
  • Sher Zaman for Respondent.

Headnotes / Summary

(a) Jammu & Kashmir (Administration of Property) Ordinance (III of 1961)‑ ‑ S. 2‑Vesting of properties in Central Government of Pakistan Appellant alleging themselves to be occupancy tenants of land in dis pute and contending to have become owners thereof under Punjab Tenancy Act (XVI of 1887), S. 114 as amended by Punjab Tenancy (Amendment) Act (VII. of 1952) before Jammu & Kashmir (Adminis tration of Property) Ordinance, 1961 enforced‑Section 2, Jammu & Kashmir (Administration of Property) Ordinance having retrospective effect from 14th August 1947 appellant's contention repelled‑ Interpretation of statutes]. (b) Civil Procedure Code (V of 1908)‑ ‑‑ O. I, r. 10‑Addition of partiesLegality of Sale Certificate dated 5th April 1963 issued by Central Government of Pakistan assailed Pakistan necessary party but not impleaded‑Cause of action arising in 1963 when sale certificate issued‑Suit against Pakistan, held; hopelessly time‑barred even if Pakistan impleaded at present stage Limitation Act (IX of 1908), S. 22.

Judgment & Decree

Regular Second Appeal No. 611 of 1978, decided on 17th March, 1980. (a) Jammu & Kashmir (Administration of Property) Ordinance (III of 1961)‑ ‑ S. 2‑Vesting of properties in Central Government of Pakistan Appellant alleging themselves to be occupancy tenants of land in dis pute and contending to have become owners thereof under Punjab Tenancy Act (XVI of 1887), S. 114 as amended by Punjab Tenancy (Amendment) Act (VII. of 1952) before Jammu & Kashmir (Adminis tration of Property) Ordinance, 1961 enforced‑Section 2, Jammu & Kashmir (Administration of Property) Ordinance having retrospective effect from 14th August 1947 appellant's contention repelled‑ Interpretation of statutes]. (b) Civil Procedure Code (V of 1908)‑ ‑‑ O. I, r. 10‑Addition of partiesLegality of Sale Certificate dated 5th April 1963 issued by Central Government of Pakistan assailed Pakistan necessary party but not impleaded‑Cause of action arising in 1963 when sale certificate issued‑Suit against Pakistan, held; hopelessly time‑barred even if Pakistan impleaded at present stage Limitation Act (IX of 1908), S.

22. Sh. Ataullah Qureshi and Malik Muhammad Hussain for Appellants. Sher Zaman for Respondent.