| Citation(s) |
|---|
| 1983 SLG 362 1983 SLD 362 1983 SCMR 537 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 259 R of 1982, decided of 12-04-1983.(On appeal from the judgment of the Lahore High Court, Rawalpindi Bench, dated 2-10-1982 in Civil Revision No. 199 of 1982)
ABDUL KADIR SHAIKH AND M. S. H. QURAISHI, JJ
Bashir Ahmad Ansari, Advocate Supreme Court for Petitioner. Nemo for
Respondents
Civil Petition for Leave to Appeal No. 259 R of 1982, decided of 12-04-1983.(On appeal from the judgment of the Lahore High Court, Rawalpindi Bench, dated 2-10-1982 in Civil Revision No. 199 of 1982)
ABDUL KADIR SHAIKH AND M. S. H. QURAISHI, JJ
Bashir Ahmad Ansari, Advocate Supreme Court for Petitioner. Nemo for
Respondents
NIAZ UD DIN
VS
CHAND MUHAMMAD AND Others
Law:
Section:
Constitution of Pakistan (1973)--Art. 185(3) Leave to appeal Trial Court, appellate Court and High Court holding that suit/writ petition of petitioner was time-¬barred No interference called for by Supreme Court Leave to appeal refused. ORDER ABDUL KADIR SHAIKH, J. The dispute relates to the transfer of the house No. U 113, Bazar Talwaran, Rawalpindi. It was transferred to the petitioner on his N. C. H. Form on 26 11 1959 and P. T. O. was issued to him on 18 7 1963. Later, on the basis of agreement dated 19 6 1963 executed by the parties which was treated as a deed of association, the house was transferred to the respondent and another P. T. O. dated 31 10 1964 and P. T. D. dated 29 6 1965 were issued in his favour. On 4 11 1977, petitioner made an application to the Deputy Settlement Commissioner, Rawalpindi that respondent had obtained transfer documents of the property on misrepresentation and these be cancelled. Learned Deputy Settlement Commissioner held by the order dated 14 12 1977 that since P. T. D. was issued to respondent, he was not competent to re open the case. Petitioner then filed a suit against respondent for declaration that he was the lawful transferee of the house and transfer documents issued to respondent were void in law. Petitioner also filed Writ Petition No. 800 R of 1976 in Lahore High Court seeking the same relief, but it was dismissed on 10 7 1978, inter alia, on the ground that it suffered from laches covering period over 14 years for which no…
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