Law:

Section:

Land Acquisition Act (I of 1894)--- ----S.48---Specific Relief Act (I of 1877), S. 55---Civil Procedure Code (V of 1908), S.11 & O. XVII, R. 3---Land acquisition---Suit for mandatory injunction---Res judicata, principle of---Applicability---Scope---Contentions of plaintiffs were that land acquired for the purpose was not utilized for said purpose which was liable to be restored to them and their earlier suit was dismissed for non-prosecution and for want of evidence which could not operate as res judicata---Suit was dismissed concurrently---Validity---Government (defendants) had become absolute owner of suit land on acquisition of the same and could utilize such land according to its requirements---Government could either put the land in question to auction or as a matter of grace restore the same to its previous owner---Government could not be compelled to restore the land in question to its previous owner---Earlier suit filed by the plaintiffs was dismissed for non-prosecution and for want of evidence---Decision under O. XVII, R. 3, C.P.C. would operate as res judicata---Lis between the parties stood decided in the previous suit and plaintiffs were left with no cause of action to maintain a subsequent suit---No illegality or irregularity had been pointed out in the impugned s and decrees passed by the courts below---Revision was dismissed in circumstances. Hafiz Noor Muhammad and others v. Ghulam Rasul and others 1999 SCM 705; Mobin Rafique and another v. Rashid Ahmad and 2 others PLD 2012 Sindh 449 and Shahid Hussain v. Lahore Municipal Corporation PLD 1981 SC 474 ref. Shahid Hussain v. Lahore Municipal Corporation PLD 1981 SC 474 and Province of Punjab through Collector, Lahore and another v. Saeed Ahmad and 4 others PLD 1993 SC 455 ref. JUDGMENT ARSHAD MAHMOOD TABASSUM, J.---Briefly, the facts are that the petitioners filed a suit for mandatory injunction to the effect that the agricultural land, situated in Khasra No.212, measuring 4-Kanals and 8-Marlas, situated in village Sahuki Mallian, Tehsil and District Sheikhupura, be declared to be his property and the acquisition of this land in favour of WAPDA be declared illegal. The suit was contested by…

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