| Citation(s) |
|---|
| 2014 SLG 1468 2014 SLD 1468 2014 SCMR 1351 |
Supreme Court of Pakistan
Civil Petition No.1569-L of 2013, decided on 25th November, 2013. DATE of hearing: 25th November, 2013, (Against the judgment dated 9-10-2013 of the Lahore High Court, Lahore passed in C.R. No.918 of 2013)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAWWAD S. KHAWAJA AND AMIR HANI MUSLIM, JJ
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Civil Petition No.1569-L of 2013, decided on 25th November, 2013. DATE of hearing: 25th November, 2013, (Against the judgment dated 9-10-2013 of the Lahore High Court, Lahore passed in C.R. No.918 of 2013)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAWWAD S. KHAWAJA AND AMIR HANI MUSLIM, JJ
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FAZAL UR REHMAN and others
VS
PROVINCE OF PUNJAB through District Officer (Revenue) Bhakkar and another
Law:
Section:
(a) Colonization of Government Lands (Punjab) Act (V of 1912)-------S. 32---Constitution of Pakistan, Art. 185(3)---Unauthorized occupant---No documentary proof to support claim of occupation---Plea of petitioner that he had a 40 years possession over the land in question, therefore he was dispossessed in violation of S. 32 of Colonization of Government Lands (Punjab) Act, 1912---Validity---No document existed in favour of petitioner to establish his claim to remain in occupation of the property in dispute---Petitioner with no legal authority had occupied the premises in dispute---Petitioner was an unauthorized occupant---Plea of petitioner regarding his 40 years possession over the land, could never be a ground for the purpose of proprietary rights---Petition for leave to appeal was dismissed accordingly. (b) Administration of justice--- ----Law leaned towards persons who believed in the rule of law and not those who took the law in their hands. Ch. Mushtaq Masood, Advocate Supreme Court for Petitioners with Petitioner No.2. Nemo for Respondents. Date of hearing: 25th November, 2013. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---The petitioner has challenged concurrent findings of the three Courts through this petition which has been filed against the judgment dated 9-10-2013 of the Lahore High Court, Lahore passed in Civil Revision No.918 of 2013. 2. We have heard learned counsel for the petitioner at some length and have also perused the impugned judgment; concluding paragraph of the same is reproduced as under:-- "6. For grant of temporary injunction during the pendency of suit petitioners-plaintiffs were required to prove that prima facie good arguable case, balance of convenience in their favour and in case stay is not granted they will face irreparable loss. Both the courts below found the petitioners not entitled for the grant of stay and the only point argued before this Court that without exercising powers under section 32 of the Colonization of Government Lands (Punjab) Act, 1912 the respondents are not entitled to issue notice for vacation of constructed residential quarters in question, I am afraid, the petitioners-plaintiffs cannot take refuge of…
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