Case Details

Citation(s)
1982 SLG 282 1982 SLD 282 1982 SCMR 362
Supreme Court of Pakistan
Civil Petition for Special1eave to Appeal No. .273 of 1975, decision dated: 25-10-1980.(On appeal from the judgment and order of the Lahore High Court dated 23-12-1974 in R. S. A 498 of 1974)
DORAB PATEL AND NASIM HASAN SHAH, JJ
Nemo for
Respondent.

KHUSHI MUHAMMAD

VS

MUHAMMAD DIN

Law:

Section:

Constitution or Pakistan (1973)---Art. 185(3)-Leave to appeal-Objection to jurisdiction-Question about lack of jurisdiction of Courts raised for first time in support of petition for leave-Leave to examine, such question, held, cannot be granted. ORDER DORAB PATEL, J.-The dispute in this petition for leave relates to an ihata in Bahawalnagar and on the footing that it was owned by one Kartar Singh, an evacuee, the petitioner bases his claim under Settlement Scheme No. VII. But, as the ihata was transferred by the Settlement authorities to the respondent, he challenged this transfer in a declaratory suit which was filed in the Court of the Civil Judge, Chishtian. It is not surprising that this suit was dismissed on 24-3-1973. The petitioner, therefore, 'challenged this judgment of 24-3-1973 in an appeal in the District Court, which was dismissed by the learned District Judge, Bahawalnagar on 4-6-1974. The petitioner then filed a second appeal in the Lahore High Court which was dismissed in limine on 23-12-1974. Hence this petition for leave. In dismissing the petitioner's second appeal the learned Judge of the High Court pointed out that the Courts below had come "to a concurrent finding of fact that the ihata in suit was…
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