Case Details

Citation(s)
1989 SLG 2014 1989 SLD 2014 1989 SCMR 1996
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.1169 of 1981, decision dated: 20-07-1988.(On appeal from the judgment and order of the Lahore High Court, Lahore dated 19th October 1981 in Civil Revision 333 of 1978)
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
Muhammad Syed Akhtar, Advocate Supreme Court instructed by Hamid Aslam Oureshi, Advocate-on-Record for Petitioner. Nemo for
Respondents.

LAHORE DEVELOPMENT AUTHORITY

VS

SIRAJ DIN and other

Law:

Section:

West Pak1stan Autonomous Bodies Immovable Property (Ejectment of Unauthorised Occupants) Ordinance (XXXVII of 1965)---S.3(1)--Punjab Development of Damaged Areas Act (XV of 1952), S.6(3)-­Constitution of Pak1stan (1973), Art. 185(3)--Plaintiff's suit in respect of disputed property was dismissed by Trial Court but decreed by First Appellate Court in appeal as also by High Court in revision--Legality--Petitioner/Authority's revision was dismissed by the High Court on the ground that petitioner was unable to produce any notification to show that the disputed property was acquired and thus there was no evidence to indicate that the said property had in fact been included in some notification for acquisition and was duly acquired--Site plan relied on by petitioner to show that disputed property had been acquired was also placed before High Court which had correctly remarked that instead of placing any specific notification, petitioner had referred to a large area without mentioning the disputed property specifically as acquired, and that the entire area measured more than thirty seven acres whereas disputed area measured only four Marlas--First Appellate Court had given cogent reasons for accepting the appeal which finding was upheld by the High Court--No flaw was pointed out in the of High Court--No interference by Supreme Court was thus called for-­Petition dismissed. ORDER JAVID 1OBAL, J.--This petition for leave has been filed by the Lahore Development Authority as petitioner and is directed against judgment dated 19 October 1981 of Lahore High Court Lahore. The background is that the respondents had filed a suit for the grant of perpetual injunction restraining the petitioner from evicting them and demolishing their house No.E/2483, Suha Bazar Lahore in pursuance of action as contemplated in the notice under section 3(1) of the West Pak1stan Autonomous Bodies Immovable Property (Ejectment of Unauthorized Occupants) Ordinance, 1965. Before the Civil Judge the respondents produced documentary evidence to the effect that the property in question belonged to them and that they had made a construction thereon. Furthermore they had been paying taxes in…
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