| Citation(s) |
|---|
| 1981 SLG 3262 = 1981 SLD 3262 = 1981 SCMR 510 |
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 108 of 1976, decided on 30th November, 1976. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated the 12th March, 1976 in Criminal Revision No. 1029 of 1975 and Cr. Miscellaneous No. 91/1976).
Presented By: Muhammad Yaqub Ali, C. J., Anwarul Haq and Dorab Patel, JJ
Ch. Mohammad Anwar Buttar, Senior Advocate instructed by Iqbal Ahmad Qureshi, Advocate-on-Record (absent) for Petitioners. Khakan Babar, Advocate instructed by Ali Imam Naqvi, Advocate-on -Record for
Respondents Nos. 1 and 2, Nemo for
Respondents Nos. 3 and 4.
Criminal Petition for Special Leave to Appeal No. 108 of 1976, decided on 30th November, 1976. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated the 12th March, 1976 in Criminal Revision No. 1029 of 1975 and Cr. Miscellaneous No. 91/1976).
Presented By: Muhammad Yaqub Ali, C. J., Anwarul Haq and Dorab Patel, JJ
Ch. Mohammad Anwar Buttar, Senior Advocate instructed by Iqbal Ahmad Qureshi, Advocate-on-Record (absent) for Petitioners. Khakan Babar, Advocate instructed by Ali Imam Naqvi, Advocate-on -Record for
Respondents Nos. 1 and 2, Nemo for
Respondents Nos. 3 and 4.
DR. S. F. MARTIN AND ANOTHER-Petitioners
VERSUS
SARDAR MASIH AND 3 OTHERS--Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 145(4)
Law: Constitution of Pakistan 1973
Section: 185(3)
Criminal Procedure Code (V of 1898) S. 145 (4) read with Constitution of Pakistan (1973), Art. 185 (3)-- Leave to appeal-Dispute as to possession of immovable property Magistrate's order directing delivery of building (church) and its properties to petitioners upset by High Court on ground of respondents having been in possession of church and its properties on date respondent tried to seize its possession where after first information report lodged against them and proceedings under S. 145, Cc. P. C. started by Police-Finding of High Court supported by evidence and no error of law committed by such Court in appreciation of evidence Dispute for possession having begun on date taken notice of by High Court, submission as to such date being not relevant for determining possession but a later date when fresh proceedings initiated, held, not a question meriting grant of special leave particularly when proper remedy for petitioner lay in filing a civil suit for enforcement of their alleged rights.-[Dispute as to possession of immovable property]. Date of hearing : 30th November, 1976. JUDGMENT DORAB PATEL, J.-The dispute in this petition for leave relates to a church in Sangla Hill, Sheikhupura District. Before the commencement of the disputes which led to this petition, the church together with the Pastor's House was owned by the United Presbyterian Church which is a seat of the Christian Protestant faith. Then, according to learned counsel, there was a split in the United Presbyterian Church and a new group known as the Meintyre Group was founded which illegally seized possession of the church and its properties. However, it is material to point out that this dispute began in 1971 and one Akbar Masih was the Priest of the church until his death in 1970. Learned counsel did not…