| Citation(s) |
|---|
| 2012 SLG 1485 2012 SLD 1485 2012 SCMR 664 |
Supreme Court of Pakistan
Civil Appeal No.1383 of 2006, decision dated: 23rd February, 2012 (On appeal from the judgment dated 10-5-2006 passed by Lahore High Court, Lahore in Civil Revision No.120 of 2006)
EJAZ AFZAL KHAN AND MUHAMMAD ATHAR SAEED, JJ
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Civil Appeal No.1383 of 2006, decision dated: 23rd February, 2012 (On appeal from the judgment dated 10-5-2006 passed by Lahore High Court, Lahore in Civil Revision No.120 of 2006)
EJAZ AFZAL KHAN AND MUHAMMAD ATHAR SAEED, JJ
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PROVINCE OF PUNJAB through Collector Sargodha
VS
MUHAMMAD BAKHSH and another
Law:
Section:
Jurisdiction-------Court or Tribunal making an error of law in its decision would go outside of its jurisdiction---Principles. The very condition for the conferment of a jurisdiction on a court of law is that it should decide every lis before it fairly, justly and in accordance with law. Where a court or a Tribunal makes an error of law on which the decision of the case depends, it goes outside its jurisdiction. Muhammad Nazir Khan v. Ahmad and 2 others 2008 SCMR 521; Province of the Punjab through Collector District Khushab, Jauharabad and others 2007 SCMR 554; Muhammad Ishaq v. Abdul Ghani and 3 others 2000 SCMR 1083; Anisminic Ltd. v. Foreign Compensation Commission; Utility Stores Corporation of Pakistan Limited v. Punjab Labour Appellate Tribunal and others PLD 1987 SC 447; Muhammad Lehrasab Khan v. Mst. Aqeel-un-Nisa and 5 others 2001 SCMR 338; Rahim Shah v. Chief Election Commissioner PLD 1973 SC 24 and Assistant Collector v. Al-Razak Synthetic (Pvt.) Ltd. 1988 SCMR 2514 rel. Mudasar Khalid Abbasi, A.A.-G. Punjab, Maqbool Ahmed, Secretary Colonies and Abdul Rauf, General Assistant, Revenue Sargodha for Appellant. Zulfiqar Khalid Maluka, Advocate Supreme Court, Nazir Ahmed Bhutta, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Respondents. Date of hearing: 23rd February, 2012. ORDER EJAZ AFZAL KHAN, J.---This appeal with the leave of the Court has arisen out of the judgment dated 10-5-2006 of the Lahore High Court, Lahore, whereby the learned Judge of the Court in his Chambers dismissed the revision petition filed by the appellant and maintained the judgment and decree granted by the learned Courts below. 2. Brief facts of the case as described in para 2 of the impugned judgment read as under:-- "The case of the respondent was that he was an allottee of the suit land and was in cultivating possession of the same since 1973-74. He applied for conferment of proprietary rights in the suit land on the basis of the Notification No.3215-79/3973-C II dated 3-9-1979 wherein the policy of the government has been setout for conferring proprietary rights in respect of State land. The defence setup by the petitioner Province was that under para…
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