2008 PLP 541 (SCMR)
MUHAMMAD TAHIR and others — Petitioners Versus NAZEER AHMED — Respondent
| Citation | 2008 PLP 541 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Falak Sher and Ch. Ijaz Ahmad, JJ |
| Parties | MUHAMMAD TAHIR and others — Petitioners Versus NAZEER AHMED — Respondent |
| Primary Law | Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 2008 PLP 541 (SCMR)?
This judgment primarily cites: Specific Relief Act (I of 1877) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 541 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Falak Sher and Ch. Ijaz Ahmad, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 541 (SCMR) (MUHAMMAD TAHIR and others — Petitioners Versus NAZEER AHMED — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----S. 54---Constitution of Pakistan (1973), Art.185(3)---Suit for permanent injunction---Petitioners had assailed concurrent findings of fact recorded by the three courts decreeing respondent's suit for permanent injunction qua the spelt out land---Leave to appeal was being sought wherein, responding to query qua the petitioners' title, their counsel had referred to the letter alleged to have been issued by the Settlement Commissioner---Veracity of said letter, prima facie, seemed to be not free from doubt because on the date in question office of Settlement Commissioner had ceased to exist by repeal of Settlement Laws---Said letter referred to Member Board of Revenue by name while describing the subject which did not bear even any number or date---Said document merely offered an alternative land with certain conditions, title whereto, had not matured into reality in the shape of permanent transfer deed---Counsel for petitioners could not dislodge the reasons recorded by the courts.---Petition being devoid of any substance, was dismissed.
- Jehangir A. Jhoja, Advocate Supreme Court for Petitioner.
- Nemo for Respondent.
Headnotes / Summary
(On appeal from the judgment, dated 12-12-2005 passed by Lahore High Court, Lahore in Civil Revision No.1129 of 1998).
Judgment & Decree
Tending to assail concurrent findings of fact recorded by the three Courts decreeing the respondent's suit for permanent injunction qua the spelt out land leave to appeal is being sought wherein, responding to query qua the petitioner's title learned counsel referred to the letter alleged to have been issued by the Settlement Commissioner (Urban) Punjab, Lahore dated 30th September, 1984 appended at page 112 of the paper book text whereof is reproduced hereunder:-- "Reference your applications, dated 1-1-1984 and 30-3-1984 for allotment of surplus land in Property No.1-143 Ward No.10, Railway Road, Faisalabad as alternate in lieu of the cancelled property known as Mercentile Press, Lahore. As a per order of Supreme Court of Pakistan dated 10-9-1975 passed in Civil Appeal No.3 of 1970, the Government of the Punjab, has been pleased to accept your request for transfer of land (about 8 Kanals) found surplus, beyond the entitlement of Mr. Khadim Mohiuddin, transferee of the bungalow No.P-143, Ward No.10, Railway Road Faisalabad on the following conditions:
(i) That the status quo order, dated 17-9-1984 granted by the Lahore High Court, in Writ Petition.No.360-R of 1984, titled Khadim Mohi-ud-Din and others v. C.S.C./M.B.R. and others" is vacated and the excess land becomes available for disposal. (ii) Thereafter the area shall be actually measured by the Assistant Commissioner/Deputy Settlement Commissioner, Faisalabad and price determined at the rate of Rs.300 per Marla prevailing in the year, 1960. The alternate land will be limited to the value of your original claim actually utilized in the case "Mercentile Press i.e. Rs.86,666. (iii) The transfer price shall be adjusted from your Compensation Book out of the available Compensation amount." Veracity whereof, prima facie, seems to be not free from doubt because on the date in question office of Settlement Commissioner had ceased to exist with repeal of the Settlement Laws, further its perusal reveals strange feature viz. it refers to Member Board of Revenue (S&R) by name while describing the subject which even does not bear any number or date, additionally this document merely offers an alternative land with certain conditions, title whereto admittedly yet has not matured into reality in the shape of permanent 'transfer deed. Independent thereof the learned counsel could not dislodge the reason recorded, resultantly, the petition being devoid of any substance fails and is hereby dismissed. Leave declined. H.B.T./M-19/SC Leave refused.