| Citation(s) |
|---|
| 1978 SLG 147 1978 SLD 147 1978 SCMR 170 |
Supreme Court of Pakistan
Criminal Miscellaneous Petition No. 47 R of 1977, decision dated: 4th February 1978.
ANWARUL HAQ, C.J., DORAB PATEL ANAL QAISAR KHAN, JJ
Ch. Akhtar Ali, Advocate on-Record for Petitioner. Nemo for
Respondent No. 1. Noor Ahmad Noori, Advocate on-Record for
Respondent No. 2
Criminal Miscellaneous Petition No. 47 R of 1977, decision dated: 4th February 1978.
ANWARUL HAQ, C.J., DORAB PATEL ANAL QAISAR KHAN, JJ
Ch. Akhtar Ali, Advocate on-Record for Petitioner. Nemo for
Respondent No. 1. Noor Ahmad Noori, Advocate on-Record for
Respondent No. 2
GHULAM MOHYUDDIN
VS
AZHAR HUSSAIN AND ANOTHER
Law:
Section:
Constitution of Pakistan (1973) -- Art. 204 Contempt of Court Supreme Court remarking in its that High Court was right in asking the petitioner to approach Settlement Authorities for demarcation of his portion if be felt aggrieved by division made by them Petitioner approaching Settlement Authorities and such authority holding petitioner having occupied disputed property illegally and property in fact stood transferred to opposite party Held. Settlement authority did not violate any order either of High Court or Supreme Court and no question of proceeding in contempt arose and if Settlement authority had no jurisdiction due to repeal of Evacuee Laws such point ought to have been raised before such authorities or in writ jurisdiction of High Court. ORDER QAISER KHAN, J. A house on the first floor bearing No. 1421 etc. situated In which Bazar, Rawalpindi Cantt. was transferred to Ghulam Mohy ud Din. Shops underneath the first floor were transferred to various arsons. Shop No. 1279 was transferred to Shabzada Mian. It appears bat the roof of this shop with a small latrine on it was taken possession of by Ghulam Mohy ud Din. Shahzada Mian approached the Rent controller for the ejectment of Ghulam Mohy nd Din from the latrine and the learned Rent Controller decided the case in his favour on 16 12 1963. Ghulam Mohy ud Din, however, went up in appeal to the Court of District edge and his appeal was accepted on 4 3 1966 and the petition of Shahzada Can dismissed. Shahzada Mian thereupon filed a writ petition against he aforesaid order of the learned District Judge and a learned Single Judge f the High Court by his order dated 15 11 1973 dismissed the writ petition. It was remarked in the order of the learned judge that if the petitioner, namely, Shahzada Mian, had any grievance, he could move the Settlement authorities for the demarcation of his portion especially as to whether the shrine in question fell to his share or not. Shahzada Mian filed a petition or special leave to appeal against the aforesaid order of the learned Single judge and this Court by its order dated 2 7 1974 dismissed the…
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