1981 PLP 11 (CLC)
FEROZE‑Appellant Versus LAL AND 3 OTHERS‑Respondents
| Citation | 1981 PLP 11 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Ilyas, J |
| Parties | FEROZE‑Appellant Versus LAL AND 3 OTHERS‑Respondents |
Q1: What are the key laws and sections cited in 1981 PLP 11 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 11 (CLC)?
The case was heard and decided by the Lahore bench comprising: Muhammad Ilyas, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 11 (CLC) (FEROZE‑Appellant Versus LAL AND 3 OTHERS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- A. W. Butt for Appellant.
- Ch. Hamid‑ud‑Din for Respondent.
- Date of hearing : 6th July, 1980.
Headnotes / Summary
Punjab Muslim Personal Law (Shariat) Application (Removal of Doubts) Act (XXV of 1975)‑ ‑‑ Ss. 2 & 3‑Alienation by refugee female allottee, suit to challenge Affected persons required to file application under S. 2 in case of any decree, judgment or order having been passed by any Court or any other authority declaring refugee female allottee as full owner of disputed land‑No such decree, judgment or order having been passed when Act XXV of 1975 came into force and transfer order passed by Rehabilitation Authorities not expressly stating land having been transferred to female allottee as full owner, S. 2, held, not applicable‑Affected person having been aggrieved by alienation made by female allottee in favour of respondents, he could file a suit within one year of commencement of Act‑Suit of affected person having been filed in 1964, decreed by trial Court in 1966 respondent's appeal accepted later in 1966, affected person's appeal against such order filed within time in same year and still pending at time of commencement of Act XXV of 1975, original and appellate proceedings thus steps in one proceeding, hence, not necessary for affected person (appellant) to file a fresh suit within one year of commencement of Act and S. 3 could be pressed for seeking relief. Hadayat and others v. Mst. Mehtab Bibi and another 1962 S C M R 243 and F. A. Khan v. The Government of Pakistan P L D 1964 S C 520 rel.
Judgment & Decree
Regular Second Appeal No. 567 of 1966, heard on 6th July 1980. Punjab Muslim Personal Law (Shariat) Application (Removal of Doubts) Act (XXV of 1975)‑ ‑‑ Ss. 2 & 3‑Alienation by refugee female allottee, suit to challenge Affected persons required to file application under S. 2 in case of any decree, judgment or order having been passed by any Court or any other authority declaring refugee female allottee as full owner of disputed land‑No such decree, judgment or order having been passed when Act XXV of 1975 came into force and transfer order passed by Rehabilitation Authorities not expressly stating land having been transferred to female allottee as full owner, S. 2, held, not applicable‑Affected person having been aggrieved by alienation made by female allottee in favour of respondents, he could file a suit within one year of commencement of Act‑Suit of affected person having been filed in 1964, decreed by trial Court in 1966 respondent's appeal accepted later in 1966, affected person's appeal against such order filed within time in same year and still pending at time of commencement of Act XXV of 1975, original and appellate proceedings thus steps in one proceeding, hence, not necessary for affected person (appellant) to file a fresh suit within one year of commencement of Act and S. 3 could be pressed for seeking relief. Hadayat and others v. Mst. Mehtab Bibi and another 1962 S C M R 243 and F. A. Khan v. The Government of Pakistan P L D 1964 S C 520 rel. A. W. Butt for Appellant. Ch. Hamid‑ud‑Din for Respondent. Date of hearing : 6th July, 1980.