| Citation(s) |
|---|
| 2017 SLG 925 2017 SLD 925 2017 PLJ 139 |
Islamabad High Court
C.R. No. 124 of 2016, decided on 5.10.2016.
MIANGUL HASSAN AURANGZEB, JUSTICE
Mr. Mujeeb-ur-Rehman Kiani, Advocate for Petitioner. Mr. Musharraf Khan, Advocate for
Respondents.
C.R. No. 124 of 2016, decided on 5.10.2016.
MIANGUL HASSAN AURANGZEB, JUSTICE
Mr. Mujeeb-ur-Rehman Kiani, Advocate for Petitioner. Mr. Musharraf Khan, Advocate for
Respondents.
MUHAMMAD YAQUB BROHI
VS
MINISTRY OF HOUSING & WORKS, GOVERNMENT OF PAKISTAN, ISLAMABAD THROUGH SECRETARY AND 2 others- --RespondentS
Law:
Section:
Accommodation Allocation Rules, 2002-- ----R. 12--Civil Procedure Code, (V of 1908), S. 115 & O. XXXIX, Rr. 1 & 2--Allotment of accommodation--Allotment letter--Suit for declaration and permanent injunction--Restraining from canceling allotment order--Genuineness of allotment letter--Accommodation in exchange or in lieu of earlier allotted accommodation--Validity--Petitioner was not able to establish that he had occupied earlier allotted accommodation before allotment letter with respect to suit accommodation was issued to him, did not render allotment letter unlawful or void--Petitioner has two concurrent orders and that High Court has very limited jurisdiction to reverse concurrent findings in its revisionaljurisdiction. [Pp. 143 & 144] A, B & C PLD 1994 SC 162 & 2008 SCMR 428, ref. THIS ORDER PASSED BY: MIANGUL HASSAN AURANGZEB, JUSTICE:---.--- Through the instant civil revision petition, the petitioner, Muhammad Yaqub Brohi, who is a Section Officer in the National Assembly Secretariat, Islamabad, impugns the Order dated 15.03.2016, whereby the Court of the learned Additional District Judge, Islamabad, dismissed the petitioner's appeal against the order dated 24.02.2016, passed by the Court of the learned Civil Judge, Islamabad. 2. Vide the said order dated 24.02.2016, the learned Civil Court dismissed the petitioner's suit for declaration and permanent injunction. In the said suit, the petitioner had prayed for a declaration that he was the lawful allottee of Quarter No. 3/5-C, Street No. 42, Sector G-7/2, Islamabad ("the suit accommodation"). Furthermore, the petitioner had sought a restraint against the respondents from canceling the allotment order in the petitioner's favour. 3. Learned counsel for the petitioner submitted that the petitioner was working as a Lower Division Clerk (BPS-07) in the National Assembly Secretariat, Islamabad, and vide allotment letter dated 09.01.2013, the petitioner was allotted the suit accommodation; that soon after the allotment, the petitioner occupied the suit accommodation; that apprehending the cancellation of the said allotment, the petitioner filed a civil suit and obtained interim relief from…
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