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

Section: 36, 24

Law: Civil Procedure Code (V of 1908)

Section: 9

(a) Colonization of Government Lands (Punjab) Act (V of 1912)  S. 36 read with Civil Procedure Code (V of 1908), S.9 Jurisdiction-Civil Court though may not be competent to entertain a suit yet plea raised in deference, held, may be adjudicated upon if determination of such plea be necessary for decision of suit itself and falls within its exclusive jurisdiction.-[Jurisdiction]. Mst. Fahmida Bibi v. Mukhtar Ahmad and another P L D 1972 Lah. 694 fol. (b) Colonization of Government Lands (Punjab) Act (V of 1912) S. 24-Natural justice, principle of-Order passed without notice and without hearing affected party, held, void and, no legal sanction attaches to superstructure based upon it.-[Natural justice, principle of]. Mst. Zainab Bibi and 3 others v. Commissioner, Lahore Division, Lahore and 3 others P L D 1976 Lah. 820 ; Yousaf Ali v. Muhammad Aslam Zia and 2 others P L D 1958 S C (Pak.) 104 and Atta Muhammad Qureshi v. The Settlement Commissioner, Lab-)re Division. Lahore and 2 others P L D 1971 S C 61 ref. Ghulam Mohammad and another v. Allah Bakhsh and others A I R 1937 Lab. 78 distinguished. . ,Date of hearing : 16th October, 1979.                                                                                                                                                    JUDGMENT This R. S. A. arises out of a suit filed by Karam Ali, who died during pendency of the litigation and was substituted by the respondents, for possession of Ahata No. 21, situate in Chak No. 61/5-L; Tehsil and District Sahiwal. 2. The facts giving rise to this litigation are that in the year 1929-30 the ahata in question was allotted to Noora, who built a house over the site which is in possession of his legal heirs, who on his death, were impleaded as a party during the course of hearing of the instant R. S. A.…