| Citation(s) |
|---|
| 1979 SLG 682 1979 SLD 682 1979 PLD 904 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal Nos. 644 of 1975 and 257 of 1977, decision dated: 23rd April 1979.
MUHAMMAD AKRAM AND KARAM ELAHEE CHAUHAN, JJ
Ch. A. Waheed Saleem, Advocate Supreme Court and Raja Abdul Razzag, Advocate-on-Record. Khahlur Rahinan, Advocate Supreme Court, Ch. Qadir Bakhsh, Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record Nos. 2, 4 and 5. A. R. Shaukat, Advocate Su
Civil Petition for Special Leave to Appeal Nos. 644 of 1975 and 257 of 1977, decision dated: 23rd April 1979.
MUHAMMAD AKRAM AND KARAM ELAHEE CHAUHAN, JJ
Ch. A. Waheed Saleem, Advocate Supreme Court and Raja Abdul Razzag, Advocate-on-Record. Khahlur Rahinan, Advocate Supreme Court, Ch. Qadir Bakhsh, Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record Nos. 2, 4 and 5. A. R. Shaukat, Advocate Su
C. P. S. L. A. No. 644 of 1975 SARDAR MUHAMMAD ETC.
VS
ADDITIONAL SETTLEMENT COMMISSIONER, LAHORE AND OTHERs AND C. P. S. L. A. No. 257 of 1977 Mst. ZUBIDA BEGUM AND others vs. Syed WALAYAT ALI BOKHARI, SETTLEMENT COMMISSIONER, LAHORE AND OTHERS
Law:
Section:
(a) Constitution of Pakistan (1973)---- Art. 185(3)-Leave to Appeal to Supreme Court-Approaching Supreme Court during pendency of writ petition in High Court--Writ petition having same burden as Petition for Special Leave to Appeal under consideration still pending in High Court-Question being sub judice before High Court, petition for leave to appeal claiming same relief in garb of trying to take exception to non-impleadment of petitioners in proceedings before Settlement authority, held, nothing but just duplication of same matter in a different form, petitioners could assert their point of view before High Court, and occasion to approach Supreme Court could arise only after matter being decided by High Court. (b) Constitution of Pakistan (1973)- -- Art. 185(3) -Leave to appeal-Matter apparently appearing to be one of fact, viz., person allegedly selling land having neither sought, nor applied for and nor in fact obtained any allotment of land in dispute-Alleged sale in circumstances, held, clothed petitioners with no right to claim such land. (c) Judicial proceedings- -Observations made in a judicial order-Held, bind parties to proceedings and not third parties. (d) Constitution of Pakistan (1973)- - -Art. 185(3)-Leave to appeal-Question raised of fundamental importance requiring examination by Supreme Court whether course adopted by High Court correct in resolution of controversial matter by admitting documents on record and opening highly controversial issues arising from order of lower Tribunal and by leaving certain points open and holding and directing their adjudication by simply keeping petitioners out from sharing in such proceedings-Leave to appeal granted. ORDER KARAM ELAHEE CHAUHAN, J.--The dispute in this case is about 98 kanals and 12 marlas of land situated in Chak No. 122/J. B., Tehsil and District Lyalipur (now Faisalabad). It is not necessary to go into the lengthy details through which the litigation between the parties and the stages through which the present case passed, and it will be sufficient for the purpose of the present order to state that the land in dispute as a result of proceedings under sections 10 and 1 I of the Displaced…
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