Case Details

Citation(s)
1984 SLG 640 1984 SLD 640 1984 SCMR 777
Supreme Court of Pakistan
Civil Appeal No. 48 of 1972 and Civil Petition for Special Leave to Appeal No. 508 of 1981, decision dated: 14-01-1984 (On appeal from the judgment of the Lahore High Court dated 18-11-1968 in W. P. No. 2054 of 1964 and on appeal from the order of the Lah
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND SHAFIUR RAHMAN, JJ

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M. M. ALI RAUFer

VS

. MRS. SHAMS-UDDIN AHMAD AND others--Respondents

Law:

Section:

(a) Constitution of Pakistan (1973)---- Art. 185 (3)-Dispute over title and validity of allotment of plot and bungalow constructed thereon-Leave to appeal granted to examine contentions (f) that property in dispute was not acquired by Lahore Improvement Trust; (ii) that High Court could not go into disputed questions of facts between parties on merits, and (iii) that High Court could at best remand case to Settlement Authorities for deciding dispute between parties. (b) Constitution of Pakistan (1973)- -- Art. 185 and Constitution of Pakistan (1962), Art. 98-Questions of facts raised already standing concluded by Supreme Court, High Court and Special Tribunal-No departure from any law or principle found with regard to decisions-Contentions raised on behalf of appellant found to be without force-App-â-žal dismissed. Abid Hassan Minto, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Appellant (in both Cases). Zaheeruddin, Advocate Supreme Court and Raja Muhammad Yousaf Khan, Advocate-on-Record for Respondents Nos. 1 to 4 (in C. A. No. 48 of 1972). Farook Zaman, Advocate Supreme Court, Salim Ahmad Malik, Advocate­-on-Record and M. Naazar Khan, Advocate-on-Record for Respondent No. 5 (in C. A. No. 48 to 1972). Nemo for Respondents (in C. P. No. 508 of 1981). Date of hearing: 14th January, 1984. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-This appeal through special leave of this Court is directed against judgment dated 18th September, 1968 of the Lahore High Court; whereby a learned Division Bench dismissed appellant's Letters Patent Appeal which had arisen out of an Urban Settlement Case. Leave was granted to examine the following contentions raised on behalf of the appellant:- "that the property in dispute was not acquired by the Lahore Improve­ment Trust; that the high Court has gone into disputed question of facts and has decided the dispute between the parties on merits itself. This according to the learned counsel, the High Court was not competent to do that at best the High Court could have remanded the case to Settlement Authorities for deciding the dispute between the parties." These questions had arisen in the circumstances that follow:- The…
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