| Citation(s) |
|---|
| 1980 SLG 3142 = 1980 SLD 3142 = 1980 PLD 146 |
Supreme Court of Pakistan
Civil Appeal No. 16 of 1973, decided on 25th May 1980. (On appeal from the judgment' and order of the Lahore High Court dated, the 20th January 1971, in Review Petit ion No. 17 of 1970 in . Regular Second Appeal No. 347 of 1963)
Presented By: A:slam Riaz Hussain, Muhammad Afzal Zullah and R., Shy-ur-Rehman; JJ-
Muhammad Anwar Buttar, Senior Advocate Supreme Court instructed by lqbal Ahmad Qureshi, AdvocateonRecord (absent) for Appellant. Hassan Ahmad Kanwar, Advocate Supreme Court and Sh. Abdul Karim, AdvocateonRecord for
Respondent No. 1 and Legal. Representatives of
Respondent. No. 2. .
Respondent No. 3 : Ex pane.
Civil Appeal No. 16 of 1973, decided on 25th May 1980. (On appeal from the judgment' and order of the Lahore High Court dated, the 20th January 1971, in Review Petit ion No. 17 of 1970 in . Regular Second Appeal No. 347 of 1963)
Presented By: A:slam Riaz Hussain, Muhammad Afzal Zullah and R., Shy-ur-Rehman; JJ-
Muhammad Anwar Buttar, Senior Advocate Supreme Court instructed by lqbal Ahmad Qureshi, AdvocateonRecord (absent) for Appellant. Hassan Ahmad Kanwar, Advocate Supreme Court and Sh. Abdul Karim, AdvocateonRecord for
Respondent No. 1 and Legal. Representatives of
Respondent. No. 2. .
Respondent No. 3 : Ex pane.
QHULAM HUSSAIN-Appellant
VERSUS
ZAHOOR DIN AND 2 OTHERS-Respondents
Law: Civil Procedure Code (V of 1908)
Section: 151, O. XXXIX, r. 1
(a) Civil Procedure Code (V of 1908) S. 151 & O. XXXIX, r. 1 High CourtInherent jurisdiction Right to inherit property and question of its possessionSubject matter of dispute in declaratory suit in previous litigation between partiesSuch matters again becoming subjectmatter of dispute between parties in a review petitionAppellant in previous litigation claiming his possession of property to be proof of his being legitimate son of propositusAppellant also asserting in his previous application for maintenance of status quo as to subjectmatter of dispute and proof of legitimacy through possession being sought to be destroyed by other party through proceedings under S. 144, Criminal Procedure Code, 1898Land in dispute at any rate a controversial issue between parties in review proceedings in continuation of declaratory suit Property, its inheritance and possession hence subjectmatter of dispute between parties in previous suit notwithstanding no direct prayer having been made to such effectQuestion of application of one or other specific provisions of Civil Procedure Code, held, does not arise and case simply fit case for exercise of jurisdiction under S. 151, Civil Procedure Code, 1908Contention that land in dispute being not in dispute in declaratory suit order for maintenance of status quo by High Court relating to property in dispute passed without jurisdiction repelled. (b) Counsel and client Counsel giving undertaking regarding appellant's readiness to deliver possession without other party having resort to formal procedure if his review petition failedUndertaking in fact given and in context of situation as also in circumstances of case neither illegal nor even improper for appellant to give sameContention regarding appellant's counsel having, no authority legal or factual to give such undertaking before High Court and consequently orders passed on basis of such undertaking not properly passed, held, without force in circumstances. (e) Civil Procedure Code (V of 1908) S. 151 High CourtInherent jurisdictionEquityAppellant enjoying usufruct of property for a long time and depriving respondents of its benefit for a considerable time…