1985 PLP 2683 (CLC)
SHAH MUHAMMAD — Petitioner Versus PROVINCE OF THE PUNJAB through District Collector — Respondent
| Citation | 1985 PLP 2683 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Kamal Mustafa Bokhari, J |
| Parties | SHAH MUHAMMAD — Petitioner Versus PROVINCE OF THE PUNJAB through District Collector — Respondent |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 1985 PLP 2683 (CLC)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 2683 (CLC)?
The case was heard and decided by the Lahore bench comprising: Kamal Mustafa Bokhari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 2683 (CLC) (SHAH MUHAMMAD — Petitioner Versus PROVINCE OF THE PUNJAB through District Collector — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Hussain Jahania for Petitioner.
- M.R. Khalid Malik for Respondent No. 2.
- Date of hearing: 13th February, 1985.
Headnotes / Summary
S. 115--Revision--Compromise between parties--During pendency of revision, parties compromised and made statement to this effect before Court--Revision petition partly accepted in terms of compromise.
Judgment & Decree
Ahata No. 98 in Chak No. 164-A/9-1, Tehsil Chicha Watni comprised of two Kanals in all out of which one Kanal was resumed by the learned Additional Commissioner (Revenue) on 18-6-1980. Shah Muhammad petitioner filed suit for declaration that he was owner of the Ahata and order of the Additional Commissioner (Revenue), dated 18-6-1980, resuming one Kanal of land out of the Ahata was void and ineffective. The Civil Judge, Sahiwal, dismissed his suit on 20-10-1982. Appeal filed by Shah Muhammad petitioner was partly accepted by the Additional District Judge, Sahiwal, on 6-12-1982, whereby out of the total area of the Ahata 25 Marlas on Eastern side were given to Shah Muhammad petitioner and the remaining 15 Marlas on Western side were given to Khushi Muhammad respondent No..
2. Shah Muhammad petitioner filed an application under section 12(2), C.Y.C. against the decree of the learned Additional District Judge which application was dismissed on 22-1-1983. Shah Muhammad then filed the present revision against orders, dated 22-1-1983 and 6-12-1982, of the learned Additional District Judge and, dated 22-10-1982, of the trial Court. It was admitted to a regular hearing by this Court, on 14-2-1983. Shah Muhammad petitioner died. ! s legal representatives were brought on record.
2. Pending revision parties arrived at compromise outside Court and applied on 2-5-1984 for decision in terms of the compromise. Heirs of Shah Muhammad petitioner are represented by his son Abdul Hay who has appeared in this Court in person and has filed special power of attorney on behalf of other heirs of Shah Muhammad petitioner. The statement of Abdul Haq on his own behalf and as special attorney of other heirs of Shah Muhammad petitioner has been recorded today. Statement of Khushi Muhammad respondent No. 2 has also been recorded. They have supported their application, dated 2-5-1984, filed in this Court. According to it heirs of Shah Muhammad petitioner shall jointly get 2/3rd share on the Eastern side of the Ahata and Khushi Muhammad, respondent No.2, shall get 1/3rd share on the Western side. Khushi Muhammad respondent No. 2, has agreed to surrender one Marla and six Sarsahis out of his share. In this way out of total area of two Kanals heirs of Shah Muhammad petitioner will get 26 Marlas and 6 Sarsahis while the remaining 13 Marlas and 3 Sarsahis will go to Khushi Muhammad, respondent No.
2. The revision is partly accepted and the decree of the lower appellate Court is modified to this extent. There will be no order as to costs. H.B.T.?????????????????????????????????????????????????????????????????????????????????? Petition partly accepted.