P L D 1993 Supreme Court 471 (PLP)
Mst.‑GHULAM FATIMA alias GULL GOTAI_' Petitioner I Versus Mufti MUHAMMAD YAQOOB KHAN, ADVOCATE
| Citation | P L D 1993 Supreme Court 471 (PLP) |
| Forum / Court | |
| Bench Members | Single Bench |
| Parties | Mst.‑GHULAM FATIMA alias GULL GOTAI_' Petitioner I Versus Mufti MUHAMMAD YAQOOB KHAN, ADVOCATE |
Q1: What are the key laws and sections cited in P L D 1993 Supreme Court 471 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1993 Supreme Court 471 (PLP)?
The case was heard and decided by the bench comprising: Honorable Judges.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1993 Supreme Court 471 (PLP) (Mst.‑GHULAM FATIMA alias GULL GOTAI_' Petitioner I Versus Mufti MUHAMMAD YAQOOB KHAN, ADVOCATE). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Abdul Wahid Chaudhry, Advocate instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
- S.M. Tayyab, Advocate instructed by Syed Abul Aasim Jaferi, Advocate‑on‑Record for Respondents.
- Date of hearing: 21st October, 1992.
Headnotes / Summary
(on appeal from the Order of Lahore High Court, Lahore dated 18‑4‑1992 passed in Writ Petition No.3349 of 1992). Civil Procedure Code (V of 1908)‑‑‑ ‑‑‑‑ OXXI, R. 23 ‑‑‑ Constitution of Pakistan (1973), Arts.185(3) & 199‑‑ Execution of decree for eviction ‑‑‑ Objection to ‑‑‑ Validity ‑‑‑ Petitioner on basis of a conveyance of the year 1958 for Rs. 95 claiming to be the owner of property in question ‑‑‑ Entire land in the vicinity including the land in question, was subsequently acquired for Development Authority and a residential scheme came into existence after the disposal of land on its acquisition ‑‑‑ Decree of ejectment passed against petitioner ‑‑‑ Petitioner could not press and obtain any relief against Development Authority in recognition of her rights in the land‑‑‑Petitioner could not enforce her rights in land either in the execution proceedings or by means of Constitutional petition ‑‑‑ Petitioner's objection application against her eviction from the land had been rightly dismissed ‑‑‑ Leave to appeal was refused in circumstances.
Judgment & Decree
SHAFIUR RAHMAN, J.‑‑The petitioner seeks leave to appeal against the order of Lahore High Court dated 18‑4‑1992 whereby a Constitution petition filed by her was' dismissed in limine.
2. The respondent No.1 proceeded against the sons of the petitioner for eviction from a property bearing No. SW‑XII‑5‑TS Gulshan Ravi Scheme, "G". Block, Lahore. The application was resisted. The ownership of Yaqoob was denied. However, the Rent matter concluded in the hierarchy with an eviction order against her sons. She then came forward with a civil suit and an objection in the executing Court with regard to her own ownership of the house. The objection was rejected. So was appeal. This Constitution Petition also failed.
3. From what we have been able to ascertain from the learned counsel for the petitioner is that on the basis of a conveyance of the year 1958 for Rs.95 she claims to be owner of the property. It is not denied that thereafter the entire land in the vicinity was acquired for the Lahore Development Authority and Gulshan Ravi Township came into existence after the disposal of the land on its acquisition. The petitioner could not press and obtain any relief against Lahore Development Authority in recognition of her rights in the land. She wants now to enforce that earlier document to establish her ownership. This cannot be done either in the execution proceedings or by means of a Constitution Petition. The objection petition was rightly dismissed.
4. No case is made out for our interference and leave to appeal is refused. AA./G‑395/S Leave refused.