1991 PLP 1546 (SCMR)
MUHAMMAD AZAM and others — Petitioners Versus ABDUL REHMAN and others — Respondents
| Citation | 1991 PLP 1546 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh, Zaffar Hussain Mirza and Naimuddin, JJ |
| Parties | MUHAMMAD AZAM and others — Petitioners Versus ABDUL REHMAN and others — Respondents |
| Primary Law | Balochistan (Civil Disputes) Shariat Application Regulation, 1976 |
Q1: What are the key laws and sections cited in 1991 PLP 1546 (SCMR)?
This judgment primarily cites: Balochistan (Civil Disputes) Shariat Application Regulation, 1976 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1546 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh, Zaffar Hussain Mirza and Naimuddin, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1546 (SCMR) (MUHAMMAD AZAM and others — Petitioners Versus ABDUL REHMAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Iftikhar Muhammad, Advocate-on-Record for Petitioners.
- Khan Imtiaz M. Khan, Advocate-on-Record for Respondent No. 3.
- Date of hearing: 6th June, 1989.
- Iftikhar Muhammad, Advocate‑on‑Record for Petitioners.
- Khan Imtiaz M. Khan, Advocate‑on‑Record for Respondent No. 3.
Headnotes / Summary
(From the judgment/order of Balochistan High Court, Quetta, dated 31-5-1988 in C.R. No. 156 of 1987).
Constitution of Pakistan (1973), Art. 185(3)
Petitioner contended that High Court having; taken view that suit filed by respondents under Balochistan (Civil Disputes) shariat Application Regulation, 1976 before Qazi was riot competent, Who should not have decided it on merits and given finding on question of fact that respondents were owners of suit land and that petitioners had no right or interest in land in dispute
Point raised by petitioner deserving consideration
Leave to appeal was granted.
Judgment & Decree
ABDUL KADIR SHAIKH, J.‑‑‑It is submitted that the High Court having taken the view that the suit filed by respondents before Qazi Dalbandin under Balochistan (Civil Disputes) Shariat Application Regulation, 1976 was not competent, should not have decided it on merits and given the finding on the question of fact that respondents were the owners of the suit land and that petitioners had no right or interest in the land. This point, amongst others, deserves consideration. Leave to appeal is granted and the petition is allowed. Security Rs.3,
000. Appeal will be heard on the present record but it is open to the parties to file additional documents, if any. Interim order dated 30‑8‑1988 passed by this Court is not necessary and it is, therefore, recalled. H.B T./M‑1023/S Leave granted.