Case Details

Citation(s)
2018 SLG 2851 2018 SLD 2851 2018 PLJ 873
Lahore High Court
C.R. No. 284-D of 2001, heard on 16.10.2017.
MUJAHID MUSTAQEEM AHMED, JUSTICE
Petitioner(s) by: Ch. Abdul Ghani, Advocate
Respondent(s) by: Mr. Aziz-ur-Rehman Khan, AAG

MUHAMMAD RAFIQUE DECEASED REPRESENTED HIS LEGAL HEIRS AND ANOTHER

VS

PROVINCE OF PUNJAB THROUGH DISTRICT COLLECTOR, VEHARI AND OTHERS

Law: Specific Relief Act, 1877

Section: 42

Law: Limitation Act, 1908

Section: 14

Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 36

Law: Civil Procedure Code (V of 1908)

Section: 115

Specific Relief Act, 1877 (10 of 1877)-- ----S. 42--Civil Procedure Code, (V of 1908), S. 115--Revisional jurisdiction--Application for allotment of ahata--Petitioners were deposited price of plot--Plot was attached in favour of petitioners by Assistant Commissioner--Respondents were filed an application against said allotment which was allowed--Petitioner filed suit for declaration--Dismissed--Appeal--Concurrent findings--Lakes jurisdiction--Question of whether impugned order passed by Additional Commissioner is correct one or not--Determination--It is well settled law that concurrent findings of learned Courts below cannot be interfered with in revisional jurisdiction of this Court, when same are based on proper appreciation of evidence on record--Learned Additional Commissioner has passed impugned order in accordance with law, after affording full opportunity of hearing to parties and petitioners have not assailed same before Board of Revenue and have directly approached Civil Court and as such findings of learned Courts below that Civil Court lacks jurisdiction to adjudicate suit and that suit of petitioners is hopelessly time barred are based on correct appreciation of evidence on record and application of relevant law and do not call for any interference by this Court in its revisional jurisdiction. Ghulam Qadir & others VS Sh. Abdul Wadood and others 2016 PLD 712, ref. Limitation Act, 1908 (IX of 1908)-- ----S. 14--Limitation--Assail order of Govt. Officers--Time barred--Question of--Whether suit has been filed within period of limitation--Now it is well settled that law favours vigilant and not indolent. State Bank of Pakistan through Governor and another vs. Imtiaz Ali Khan and others 2012 SCMR 280, ref. Colonization of Government Land (Punjab) Act, 1912 (V of 1912)-- ----S. 36--Jurisdiction of Civil Court--Matters of allotment, determination of terms and conditions of allotment, delivery of possession of allotted land, cancellation of allotment for violation of terms and conditions of allotment or grant of proprietary rights of state land to allottees exclusively fall within jurisdiction of revenue hierarchy--Matters of allotment, determination of…
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