Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 448,551

Law: Criminal Procedure Code (V of 1898)

Section: 12(2),22-A,22-B,173

Constitution of Pakistan (1973)--- ----Art.199---Constitutional petition---Maintainability---Petitioners, who were retired Professors being old man and lady having about 80 years of age, had been dispossessed from their house by respondents---Petitioners had been made rolling stones and they were running from pillar to post to get justice from the court and the Police, but had failed--Constitutional petition being discretionary relief, High Court should not fall into technicalities of law and if court came to conclusion that justice had not been done, then .Court should do justice---Three attempts had been made by respondents to dispossess petitioners from their house---Constitutional petition filed by petitioners was accepted and D.S.P. present in the court was directed to get possession of house in dispute and hand over the same to petitioners---Police would also be duty bound to protect- their possession, life .and liberty even after handing over possession to the petitioners---If petitioners would move application for registration of the case, Police would be duty bound to register case against respondents. Khizer Hayat and others v. LG. Punjab and others PLD 2005 Lah. 470 rel. THIS ORDER PASSED BY: KHAWAJA MUHAMMAD SHARIF, J.--- Learned counsel for the petitioners submits that late Justice (R.) Mian Qurban Sadiq Ikram was owner of three kanals of land situated at 110 Model Town Lahore; that on 31-5-1992 he distributed the said land by giving one kanal to Dr. Ayaz Mahmood and Babar Khalid, who are sons of petitioners while petitioner No.1 is real brother of late Justice (R.) Mian Qurban Sadiq Ikram; that two kanals of land was given to Majid Ikram and Amjad Ikram respondents; that on 12-6-1995 late Justice (R.) Mian Qurban Sadiq Ikram filed a petition under section 12(2) C.P.C. along with Dr. Ayaz Mahmood. Babar Khalid against Majid Kiram etc., in which compromise was. effected between the parties on 27-6-1995; that according to said compromise deed, which has been produced along with site-plan, was signed by late Justice (R.) Mian Qurban Sadiq Ikram; that on 27-1-2007 respondents Majid Ikram etc. forcibly turned out the petitioners from their house; that…

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