| Citation(s) |
|---|
| 1975 SLG 3008 = 1975 SLD 3008 = 1975 SCMR 33 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 240 of 1974, decided on 8th April 1974. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated the 6th March 1974, in R. F. A. No. 90 of 1973).
Presented By: Hamoodur Rahman, C. J., Waheeduddin Ahmed and Salahuddin Ahmed, JJ
Mian Muhammad Shafi, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate-on. Record for Petitioner. Nemo for
Respondent.
Civil Petition for Special Leave to Appeal No. 240 of 1974, decided on 8th April 1974. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated the 6th March 1974, in R. F. A. No. 90 of 1973).
Presented By: Hamoodur Rahman, C. J., Waheeduddin Ahmed and Salahuddin Ahmed, JJ
Mian Muhammad Shafi, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate-on. Record for Petitioner. Nemo for
Respondent.
ALI MUHAMMAD-Petitioner
VERSUS
Makhdoom SIRAJUL HAQ QURESHI----Respondent
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13-Bjectment--Pctittoner entering into agreement with P. T. O. holder of evacuee house for transfer of house to him on payment of certain amount on issuance of P. T. D.-P. T. O., however, cancelled on information given by respondent and house transferred to respondent as informant-P. T'. O. holder's writ petition and appeal before Supreme Court dismissed----Validity of transfer order neither challenged in writ petition nor before Supreme Court ---Transfer in favour of respondent-A past and closed transaction Petitioner, held, could at best claim to stand in shoes of P. T. O. holder-Having purchased a precarious right before actual issue of P. T. D., petitioner ought to have been diligent and become party to proceedings previously taking place-Having failed to do so, petitioner could not indirectly in proceedings, for his eviction reopen such question --Litigation must at some stage end in public interest. Allah Ditta v. Haji Jai Muhammad P 1. D 1974 S C 113 distinguished. (b) Constitution of Pakistan (1973) Art. 185-Appellate jurisdiction of Supreme Court-Matters concluded by earlier decisions of Supreme Court-Cannot be reopened because of a different view having been taken by Supreme Court in subsequent decisions. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1938) Sched., Part I-Person not acquiring any vested right to transfer of property-Has no locus standi to challenge validity of transfer. (d) High Court (Lahore) Rules and Orders [As amended in 1971] High Court, appellate powers of-High Court Rules after amend---went-Do not bar a `single Judge from dismissing appeal in limine----Single Judge now empowered to finally hear and determine regular first appeal below Rs. 1,00,000-Amendment being purely procedural and taking effect retroactively applied to pending proceedings. Date of hearing : 8th April 1974. …