Case Details

Citation(s)
2015 SLG 1623 2015 SLD 1623 2015 SCMR 380
Supreme Court of Pakistan
Civil Appeals Nos. 972, 1060 of 2009 and Civil PetitionNo.1523 of 2009, decision dated: 7-01-2015. dates ofhearing: 21st May, 5-06-9th and 10-09-2014
ANWAR ZAHEER, JAMALI, EJAZ AFZAL KHAN AND IQBAL HAMEEDUR RAHMAN, JJ
Makhdoom Ali Khan, Senior Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Appellants/Petitioners (in C.A. 972 of 2009 and C.P. 1523 of 2009).Muhammad Saeed Ansari, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record alon

UNITED BANK LIMITED and others/s

VS

NOOR-UNNISA and others

Law:

Section:

(a) Specific Relief Act (I of 1877)-------Ss. 8, 39, 42 & 54---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10---Suit for possession, cancellation of documents, declaration, injunction and mesne profit---Non evacuee status of property---Forged and fabricated "Provisional Transfer Order" (PTO) and "Permanent Transfer Deed" (PTD)---Belated claim of ownership---Respondents filed civil suit against the appellant-bank claiming ownership of disputed property on the basis of a "Provisional Transfer Order" (PTO) and "Permanent Transfer Deed" (PTD) showing disputed property having been transferred to their predecessor-in-interest from the settlement department---Appellant-Bank claimed that it was the owner of the disputed property on the strength of a sale deed, and contended that disputed property was of non-evacuee nature thus it could not have been transferred to the predecessor-in-interest of respondents---Validity---Prior to filing of suit by the respondents, the appellant-bank had initiated eviction proceedings against the predecessor-in-interest of respondents, and succeeded in getting an eviction order, which attained finality---Eviction proceedings remained sub-judice before the courts for over twelve years, and at no time during such period respondents made any mention of the "Provisional Transfer Order" (PTO) and "Permanent Transfer Deed" (PTD) in favour of their predecessor-in-interest---Civil suit claiming ownership of disputed property was filed by respondents much subsequent to the eviction order---Appellant-bank produced in court the original registered sale deed to establish their clear title over the disputed property---Committee formed to verify the alleged "Permanent Transfer Deed" (PTD) in favour of predecessor-in-interest of respondents concluded that the same was obtained through fraud in connivance with officials of the settlement department; that entries existing in the PTD register regarding disputed property were fabricated and bore forged and fabricated signatures, thus the "Permanent Transfer Deed" (PTD) in favour of predecessor-in-interest of respondents was bogus---With respect to the "Provisional…
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