1989SCMR644 (PLP)
MUHAMMAD SHARIF and others — Petitioners Versus AHMAD DIN, through his Legal Heirs and 2 others — Respondents
| Citation | 1989SCMR644 (PLP) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid and Usman Ali Shah, JJ |
| Parties | MUHAMMAD SHARIF and others — Petitioners Versus AHMAD DIN, through his Legal Heirs and 2 others — Respondents |
Q1: What are the key laws and sections cited in 1989SCMR644 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR644 (PLP)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid and Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR644 (PLP) (MUHAMMAD SHARIF and others — Petitioners Versus AHMAD DIN, through his Legal Heirs and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Bashir Ahmad Ansari, Advocate Supreme Court and Imtiaz Muhammad Khan,.Advocate‑on‑Record (absent) for Petitioners.
- Abdul Hameed Chaudhry, Advocate Supreme Court and MA. Qureshi, Advocate‑on‑Record (absent) for Respondents.
Judgment & Decree
USMAN ALI SHAH, J.‑‑This petition for leave to appeal has arisen from the judgment and order dated 13‑9‑1988, passed in R.S.A. No.38 of 1966 of the petitioners against the order of the Aditional District Judge, Gujrat dated 11‑11‑1965, confirming the order of C vi l Judge 2nd Class Gujrat, dated 15‑12‑1962, decreeing the suit of the respondents, vide impugned judgment. , Ahmad Din deceased predecessor 'n‑interest of the present respondents had brought a suit for possession of 36 Kanals 10 Marlas of land situated in the area of village Rahian, Tehsil Kharian on the plea that they were the owners of the suit land and Muhammad Sharif etc.,j the present petitioners were their tenants‑at‑will. The suit of the plaintiff was decreed by the Civil Judge II Gujrat, vide judgment dated 15‑12‑1962. The appeal of the petitioners before the Additional District Judge was also dismissed. Their regular second appeal before the High Court was dismissed as abated due o the deaths of Jalal Din appellant, Wahab Din, Ahmad Din and Shahab Din respondents. The present petitioners have come up to this Court for seeking leave t appeal. The contention raised by the learned counsel for the petitioners is that admittedly Jalal Din petitioner died on 22‑6‑1 2, Ahmad Din respondent died on 12‑5‑1972, Wahab Din respondent died on 10‑124972 and Shahab din respondent died on 9‑10‑1983 and as these deaths have taken place after the enforcement of the Law Reforms Ordinance XII of 1972 on 14‑4‑1972, therefore, the question of abatement does not arise. The learned counsel also placed reliance on P L D 1986 S C
169. The contention raised on behalf of the petitioners needs consideration by this Court, therefore, we grant leave to appeal. Security for costs in the sum of Rs.5,
000. The appeal may be ready for hearing on the present record with permission to parties to file additional documents, if any. The appeal should be listed for hearing at an early date. A.A./M‑699/S Leave to appeal granted.