Case Details

Citation(s)
1972 SLD 3047 = 1972 SCMR 134
Supreme Court of Pakistan
Civil Miscellaneous Application No. K-74 of 1971, decided on 2nd February 1972.
Presented By: Sajjad Ahmad, Waheeduddin Ahmad and Salahuddin Ahmed, JJ
Mohammad Ibrahim Memon, Advocate-on-Record for Petitioner. Nemo for
Respondents.

Mst. JENNAT KHATOON-Petitioner

VERSUS

MOHAMMAD ISMAIL AND OTHERS-Respondents

Law:

Section:

(Application under section 9 of the High Courts (Establish ment) Order of 1970, for transfer of Civil Misc. Appeal No. 182/67 from High Court of Sind & Baluchistan, Karachi to the Lahore High Court). High Courts (Establishment) Order [P. O. No. 8 of 1970], S. 9-Territory (in which subject-matter of suit situated) transferred to Province of Punjab on eve of dissolution of Province of West Pakistan-Appellant seeking transfer of appeal to Lahore High Court on plea that in Lahore High Court she could invoke aid of Punjab Pre-emption Act, 1913 in support of her claim which she could not do before High Court of Sind-Held, appellant could raise such plea even before the High Court of Sind -Transfer refused by Supreme Court. Date of hearing : 2nd February 1972. ORDER         WAHEEDUDDIN AHMAD, J.--This is an application under sec tion 9 of the High Courts (Establishment) Order of 1970, for transfer of Civil Misc. Appeal No. 182 of 1967, from the High Court of Sind & Baluchistan, Karachi, to the Lahore High Court. It has arisen in the following circumstances :--- The petitioner filed a suit for pre-emption in respect of the' sale-of shares of respondents Nos. 7 to 9 in agricultural land measuring 884 Kanals and 16 Marlas, to respondents Nos. 1 to 6. The respondents Nos. 1 to 6 raised an objection that as the village of Sardarpur where the lands are situated had been trans ferred to Taluka Ubaoro in the District of Sukkur the Administra tive Civil Judge of Rahimyar Khan had no jurisdiction in the matter. The learned Sub-Judge returned the plaint on the 24th May 1962, and thereafter, the petitioner presented the plaint in the Court of Civil Judge, 1st Class, Sukkur, on the 25th May 1962. The suit was decreed by the trial Court and the petitioner was directed to deposit a sum of Rs. 15,100 which was deposited by her. The decree was challenged in the District Court, Sukkur and the learned Additional District Judge, on the 2nd October 1967, accepted the appeal and remanded…
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