Case Details

Citation(s)
2015 SLG 3090 2015 SLD 3090 2015 PLC 1274
Peshawar High Court
C.R. No. 200 of 2014, decided on 20th October, 2014
WAQAR AHMAD SETH, J
Yasir Zahoor Abbasi for Petitioners. M. Naeem Abbasi, A.A.G. for
Respondents

RUKHSANA ASIF and others

VS

GOVERNMENT and others

Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42, 12 & 54---Civil Procedure Code (V of 1908), O.VII, R.11---Civil service---Suit for declaration, permanent injunction and in alternate for retaining the possession of the premises---Application for rejection of suit---Appointment of son of deceased/plaintiff in government service against deceased son quota---Retention in official accommodation by the son/daughter of the deceased employee on the basis of changed policy---Entitlement---Parental jurisdiction of civil court in changed circumstances---Scope---Disclosure of new facts, which required recording of evidence---Effect---Predecessor-in-interest of petitioners being a government servant was allotted the house in question and during his life time filed a suit for declaration, permanent injunction and in alternate the possession of the suit quarter as the authorities were trying to dispossess the government servant under the garb of new policy---Authorities filed written statement and application for rejection of plaint, which was allowed---Appellate court maintained the and decree passed by the trial court by granting 15 days for vacating the house, which culminated into filing of revision petition by the petitioners---Validity---New facts were placed on the file of revision petition, but not placed on record of the plaint, which required recording of evidence---Held, that civil court in changed circumstances had the alternate jurisdiction and it was the duty of the civil court to thrash out the dispute and rights of the citizens/government servants in a parental way and not in a summary way---High Court, in view of changed policy remanded the case to the trial court for recording of evidence---Revision was disposed of accordingly. JUDGMENT WAQAR AHMAD SETH, J.--- This revision petition under section 115, C.P.C. is directed against the judgment and decree dated 14-6-2014, whereby learned appellate Court disposed of the appeal of petitioners by giving period of 15 days for vacating the quarter in question by maintaining the judgment and decree of trial court dated 28-4-2014. 2. Muhammad Asif, the predecessor-in-interest of petitioners filed a suit for…
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