Case Details

Citation(s)
1985 SLG 1048 1985 SLD 1048 1985 SCMR 1998
Supreme Court of Pakistan
Civil Appeals Nos. Q-49 to 51 of 1983, decision dated: 14th April 1985 (On appeal from the judgment and order of the Baluchistan High Court, dated 7-9-1982 in C.P.S. Nos. 208, 209 and 190 of 1979)
MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH AND ABDUL KADIR SHAIKH, JJ

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Mst. GHULAM FATIMA---Appellant

VS

. Haji SALEH MUHAMMAD and others--Respondents

Law:

Section:

Constitution of Pakistan (1973)-----Arts. 185(3) & 199--Constitutional petition--Locus standi to file--High Court dismissing constitutional petition of appellant on ground that she had no locus standi to file same--Appellant ex-wife of an evacuee, remaining in Pakistan, allowed by administration to collect rent of property--Several circumstances existing to show that she had a right to do so and Member, Board of Revenue accepting that administration had recognisedo her right to do so--All circumstances showing that a vested interest in property had been claimed by her with support of arguable material--Appellant, held, could not be said to be lacking locus standi--Judgment of High Court set aside and case remanded to High Court for a decision on merits. Azizullah Memon, Advocate Supreme Court and Mir Hazar Khan Khoso, Advocate-on-Record (absent) for Appellant (in all Appeals). Yahya Bakhtiar Senior Advocate Supreme Court Khalid Malik, Advocate Supreme Court and Yakub K. Eusufzai, Advocate-on-Record for Respondent No. 1 (in Civil Appeals Nos. Q-49 and 50 of 1983) and for Respondents Nos. 1 to 3 (in Civil Appeal No. 51 of 1983). Date of hearing: 14th April, 1985. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--These three appeals through leave of this Court are directed against the judgment of the Baluchistan High Court dated 7-9-1982 whereby three constitutional petitions arising out of the disposal of three units of property purported to be evacuee, by the Member Board of Revenue, were dismissed on the main ground that the appellant had no locus standi to file the petitions, leave to appeal was granted to examine the validity of the view taken by the High Court. The facts as alleged, but subject to further verification, briefly stated for the purpose of the order of remand, we have decided to make are: That the property in dispute situate at Loralai belonged to Hindus prior to Independence. The appellant was the wife of one of them. Hasoo Ram who either migrated to India or died in that attempt soon after Independence. She allegedly embraced Islam litigation with a view to keep or acquire the control and management of the property, which was under tenants. She…
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