| Citation(s) |
|---|
| 1993 SLG 554 1993 SLD 554 1993 SCMR 252 |
Supreme Court of Pakistan
Civil Appeal No.869 of 1984, decision dated: 11-06-1991(On appeal from the judgment dated 26-11-1976 of the Lahore High Court, Lahore, in Writ Petition No.908 of 1976)
MUHAMMAD AFZAL ZULLAH, C.J. AND SAAD SAOOD, JAN, J
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Civil Appeal No.869 of 1984, decision dated: 11-06-1991(On appeal from the judgment dated 26-11-1976 of the Lahore High Court, Lahore, in Writ Petition No.908 of 1976)
MUHAMMAD AFZAL ZULLAH, C.J. AND SAAD SAOOD, JAN, J
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THE PROVINCE OF PUNJAB and 4 others
Syed MUHAMMAD ABBAS SHAH and 4 others
Law:
Section:
Civil Procedure Code (V of 1908)--O.XXIII, R.3---Constitution of Pakistan (1973), Art.185---Appeal--Disposal of appeal on basis of compromise of parties---Parties to appeal agreed that impugned of High Court and another of High Court between the same parties whereby Constitutional petition, was dismissed, should not be treated as final nor to operate as res judicata, vis-a-vis, the appeal which was stated to be pending in the High Court in respect of same or similar subject-matter---Parties also agreed that said of the High Court would be subject to the final adjudication in the pending civil litigation in lower Court---Appeal was disposed of in terms of such compromise. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---This appeal through leave of the Court arises out of a case dealt under Land Reforms Regulation 64 of 1959. Respondent No.1 Syed Abbas Shah was a declarant. It is stated that he had 1909 units in excess of the 36000 units. It is further stated that he was permitted by the Land Commission Authorities in 1961 to make a gift of the excess area in favour of his daughter Mst. Fehmida Begum. From this stage onward there are serious factual controversies between the parties. According to one position the gift was made in favour of Mst. Fehmida Begum and it was completed. Another position is that it was never completed nor was it a valid gift. Yet another -position between the father and the daughter is that whatever the facts may be it was never intended to be a valid gift--it was not completed nor was it acted upon because it is…
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