| Citation(s) |
|---|
| 1995 SLG 660 1995 SLD 660 1995 SCMR 716 |
Supreme Court of Pakistan
Civil Petitions Nos. 1395/L to 1398/L of 1993, decision dated: 18-12-1993.
SAAD SAOOD, JAIAND SAJJAD ALI SHAH, JJ
Ch. Khalilur Rehman, Senior Advocate Supreme Court and Salah-ud-Din, Advocate on-Record (in all Petitions). Salim Ahmad Malik, Advocate on-Record (in all Petitions)
Civil Petitions Nos. 1395/L to 1398/L of 1993, decision dated: 18-12-1993.
SAAD SAOOD, JAIAND SAJJAD ALI SHAH, JJ
Ch. Khalilur Rehman, Senior Advocate Supreme Court and Salah-ud-Din, Advocate on-Record (in all Petitions). Salim Ahmad Malik, Advocate on-Record (in all Petitions)
ABDUL KHALIQ and 6 others
VS
JUMMA ALLAH RAKHA and 8 others
Law:
Section:
Civil Procedure Code (V of 1908) S. 11 Limitation Act (IX of 1908), Art. 144 Constitution of Pakistan (1973), Art. 185 (3) Res judicata, principles of Consistent adjudication up to the stage of Supreme Court between the parties Claim of recovery of possession whether could be denied to plaintiffs (respondents) on the plea of adverse possession of defendants (petitioners) Principles of res judicata embodied in S.11, C.P.C. 1908, would not permit questions relating to status of property in question and entitlement of plaintiffs to be reopened when such questions had attained finality in the earlier round of litigation Plaintiffs claim for recovery of possession could not be denied to them on the plea of adverse possession when during the period there had been consistent adjudication between the parties up to the Supreme Court and plaintiffs entitlement to property in question, had been acknowledged Finding of High Court on matters relating to res judicata and adverse possession being correct and valid was maintained Leave to appeal was refused in circumstances. ORDER SAJJAD ALI SHAH, J. By these four above captioned petitions leave is sought to file appeals against order dated 31 10 1993 passed by the Lahore High Court, Lahore, whereby. learned Judge in Chamber has dismissed in limine R.SA. No. 46/93 a9d three Civil Revisions bearing No. 1008/93, 1009/93 and 1010/93 filed by the petitioners herein. Petitions before us arise from four suits filed in respect of property in dispute which was treated as evacuee property by the Rehabilitation/Settlement Authorities and was divided into four units with separate settlement numbers. Unit No.1/1534 as residential portion was transferred to Barkatullah in 1960. Three other units 1/1531, 1/1532 and 1/1533 as shops were transferred to Shaikh Anwar Ali and father of Abdul Aziz against C.S. Form in 1959. From these three units two were transferred to Shaikh Anwar Ali while one was transferred to father of Abdul Aziz. Allah Rakha brought a suit for possession of residential Unit No.1/1534 against Abdul Khaliq and three others, who are successors ininterest of Barkatullah. Allah Rakha and four others brought a suit forβ¦
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