1994 PLP R1787 (SCMR)
Mst.. IRAM CHEEMA‑‑‑Petitioner Versus AUQAF DEPARTMENT through Chief Administrator, Punjab, Lahore‑‑‑Respondent
| Citation | 1994 PLP R1787 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Rafiq Tarar and Manzoor Hussain Sial, JJ |
| Parties | Mst.. IRAM CHEEMA‑‑‑Petitioner Versus AUQAF DEPARTMENT through Chief Administrator, Punjab, Lahore‑‑‑Respondent |
| Primary Law | Muhammadan Law‑ |
Q1: What are the key laws and sections cited in 1994 PLP R1787 (SCMR)?
This judgment primarily cites: Muhammadan Law‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP R1787 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Rafiq Tarar and Manzoor Hussain Sial, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP R1787 (SCMR) (Mst.. IRAM CHEEMA‑‑‑Petitioner Versus AUQAF DEPARTMENT through Chief Administrator, Punjab, Lahore‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja Muhammad Anwar, Senior Advocate Supreme Court instructed by Saleem Ahmad Mali, Advocate‑on‑Record for Petitioner.
- Sh. Khurshid Ahmad, Senior Advocate Supreme Court and MA. Qureshi, Advocate‑on‑Record for Respondent.
- Date of hearing: 8th December, 1993.
- MANZOOR HUSSAIN SIAL, J.‑‑‑After hearing learned counsel for petitioner and Ch. Khurshid Ahmed, Advocate, learned counsel for the respondent, we grant leave to appeal in this case, to consider inter alia:‑
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Lahore dated 26‑5‑1993, passed in Civil Revision No. 159/1) of 1988). ‑‑‑Mutwalli executing lease agreement for 99 years without obtaining prior permission of Court‑‑‑Validity‑‑‑Leave to appeal was granted to consider inter alia; whether lease in respect of property in question, in favour of precedessor‑in‑interest of petitioner created by Mutwalli, in terms of order of Court dated 20 4‑1938, enured for the benefit of petitioner; whether Mutwalli was under legal obligation to obtain prior permission of Court for executing such lease agreement for 99 years; and whether suit instituted by respondents was barred by limitation‑‑‑Constitution of Pakistan (1973), Art. 185(3).
Judgment & Decree
MANZOOR HUSSAIN SIAL, J.‑‑‑After hearing learned counsel for petitioner and Ch. Khurshid Ahmed, Advocate, learned counsel for the respondent, we grant leave to appeal in this case, to consider inter alia:‑ (1) Whether the lease in respect of the property in dispute, in favour of the predecessor‑in‑interest of the petitioner created by the Mutwalli, in terms of the order of the Additional District Judge, Lahore dated 20‑4‑1938, enured for the benefit of the petitioner; (2) Whether the Mutwalli was under legal obligation to obtain prior permission of the Court for executing each lease agreement for 99 years; (3) Whether the suit instituted by the respondent was barred by limitation. The appeal be expeditiously completed and fixed for hearing at an early date. Interim order of stay dated 17‑7‑1993 to continue meanwhile. AA./I‑185/S Leave granted.