1991 PLP 1495 (SCMR)
GHULAM RASOOL and another — Petitioners Versus HURMAT — Respondents
| Citation | 1991 PLP 1495 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and S. Usman Ali Shah, JJ |
| Parties | GHULAM RASOOL and another — Petitioners Versus HURMAT — Respondents |
| Primary Law | Transfer of Property Act (IV of 1882) |
Q1: What are the key laws and sections cited in 1991 PLP 1495 (SCMR)?
This judgment primarily cites: Transfer of Property Act (IV of 1882) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1495 (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 1495 (SCMR) (GHULAM RASOOL and another — Petitioners Versus HURMAT — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Anwar Sipra, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners.
- Nemo for Respondent.
- Date of hearing: 11th June, 1989.
- M. Anwar Sipra, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners.
Headnotes / Summary
(On appeal from the order of the Lahore High Court dated 28-10-1985 in Civil Revision No. 2065-D of 1985).
S. 53-A
Constf~ution of Pakistan (1973), Art. 185(3)
Leave to appeal was granted to examine whether petitioner's pleas based on S.53-A of the Act and regarding the effect of decision given in his favour in an earlier suit, were rightly rejected by High Court on the assumption that such pleas were not raised by him earlier and even if not raised or pressed earlier whether such pleas should not have been decided by High Court on merits in the circumstances of the case. ORDER MUHAMMAD AFZAL ZULLAH, J.
Leave to appeal has been sought by the defendant side in a suit for declaration and permanent injunction; against the dismissal by the High Court, of their Civil Revision. Security Rs.5,
000. The appeal shall be prepared on present record with direction to file all essential documents. H.B.T./G-223/S Leave granted.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑‑Leave to appeal has been sought by the defendant side in a suit for declaration and permanent injunction; against the dismissal by the High Court, of their Civil Revision. No doubt 'the petitioners have lost throughout but after hearing the learned counsel we consider it a fit case to examine; whether, the petitioners pleas raised ‑ (i), based on section 53‑A of the Transfer of Property Act; and (ii), regarding the effect of the decision in petitioners' favour given in an earlier suit, were rightly rejected by the High Court on the assumption that they were not earlier raised and/or pressed. And further, even if so; whether, the points raised in the High Court should not have been decided on their merits in the circumstances of this case, would require examination. Leave to appeal, accordingly, is granted. Security Rs.5,
000. The appeal shall be prepared on present record with direction to file all essential documents. H.B.T./G‑223/S Leave granted.