| Citation(s) |
|---|
| 1987 SLG 350 1987 SLD 350 1987 SCMR 419 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.736 of 1986, decision dated: 12-11-1986.(On appeal from the order of the Lahore High Court, Multan Bench, dated 6-07-1986 in Civil Revision No.445 of 1986)
ASLAM RIAZ HUSSAIN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
M.S. Baqir, Advocate Supreme Court instructed by Mr. Salah-ud-Din Advocate-on-Record for Petitioners. Nemo for
Respondent
Civil Petition for Leave to Appeal No.736 of 1986, decision dated: 12-11-1986.(On appeal from the order of the Lahore High Court, Multan Bench, dated 6-07-1986 in Civil Revision No.445 of 1986)
ASLAM RIAZ HUSSAIN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
M.S. Baqir, Advocate Supreme Court instructed by Mr. Salah-ud-Din Advocate-on-Record for Petitioners. Nemo for
Respondent
MUHAMMAD RAMZAN and others
VS
Mst. BALAN BIBI
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--Colonization of Government Lands (Punjab) Act (V of 1912), S.10(4)--Suit for possession--Decree in favour of respondent modified in appeal filed by petitioners to extent of respondent's half share in accordance with allotment order, passed by Collector on basis of report made by field staff of Revenue Department--Order impugned by petitioners in revision--Plea raised that respondent not having taken possession of disputed property through Revenue Department, her suit was not competent and she should have filed suit for partition and possession--Respondent having been allowed half share by Appellate Court according to her entitlement on basis of allotment made by Collector on the report of field staff, there was no ground for interference--Leave to appeal refused. ORDER JAVID IQBAL, J.-- This petition for leave to appeal is directed against the order of a learned Single Judge of the Lahore Nigh Court Multan Bench dated 6th July, 1986 while exercising his revisional jurisdiction. The background is that the petitioners alongwith the respondent were allotted the disputed Ihata in equal shares. The respondent instituted a suit for the recovery of possession of 15 Marlas of land of the disputed Ihata in possession of the petitioners The trial Court decreed the suit. In appeal the decree was modified on the basis of the…
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