| Citation(s) |
|---|
| 1994 SLG 1232 1994 SLD 1232 1994 CLC 514 |
Lahore High Court
Regular Second Appeal No. 630 of 1969, decided on 7th December, 1992
KHALIL-UR-REHMAN KHAN, J
Pir Altaf Hussain Shah for Appellant. M. Iqbal for
Respondent.
Regular Second Appeal No. 630 of 1969, decided on 7th December, 1992
KHALIL-UR-REHMAN KHAN, J
Pir Altaf Hussain Shah for Appellant. M. Iqbal for
Respondent.
MUZAFFAR KHAN and others
VS
T.D.A: --Respondent
Law:
Section:
Land Acquisition Act (I of 1894)--- ----S. 23---Specific Relief Act (I of 1877), S.54---Plaintiff acquiring land in question from defendant as compensation in lieu of land acquired by defendant from plaintiff---Defendant, subsequently, resiling from such commitment and trying to dispossess plaintiff from land in question---Defendant was debarred from resiling from its own commitment towards plaintiff---Plaintiff was entitled to permanent injunction against defendant restraining it from interfering in his possession. JUDGMENT This judgment will dispose of eight regular second appeals (630, 631, 632, 633, 706, 707, 708 and 709 of 1969) as the question of law involved in all these appeals is one and the same and as all these appeals were disposed of by the learned District Judge, Sargodha, by one consolidated judgment dated 2-5-1969. The appellants had filed separate suits against Thal Development Authority and the Province of West Pakistan praying for grant of permanent injunctions. Their suits were decreed but in appeal the learned District Judge, set aside the judgments and decrees passed by the learned trial Court and accepting the appeals dismissed the suits. 2. The appellants-plaintiffs were given their respective lot of land as compensation in lieu of land acquired from them. The land so given to them by the Thal Development Authority was Government land placed at its disposal for management and development purposes. The land originally belonging to the appellants was acquired by the Government of the Punjab vide notification No.1514/TH, dated 13th July, 1953, in order to provide shelterbelts alongwith the channel by the T.DA. The case of the plaintiffs was that the land in suit was given to them in exchange for the said acquired land under resolution No.13 dated 24th August, 1955, and the award dated 19-9-1955, and they had continued in possession of the same as owners and they are entitled to hold the suits land as owners thereof and the defendants have no right to interfere in their ownership and possession. The defendants-respondents resisted the suits on the ground that the Court had no jurisdiction to try the suits; that the suits land was not given…
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