Case Details

Citation(s)
1997 SLG 592 1997 SLD 592 1997 CLC 322
Lahore High Court
Civil Revision No. 2768 of 1994, decision dated: 28-06-1995, hearing DATE : 15-06-1995
IHSAN-UL-HAQ CHAUDHRY, J
Ch. Muhammad Asiam Sandbu for Petitioners. Ch. Muhammad Iqbal for
Respondents

Qazi FAZAL AHMAD through Legal Heirs

VS

RIAZ-UR RAHIM and others

Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)-------S. 4---Land in question was originally evacuee property---Jurisdiction of Civil Court---Land in question, was admittedly confirmed in the name of parties' predecessor and its mutation was sanctioned after the same had been acquired by Central Government under S.4, Displaced Persons (Land Settlement) Act, 1958, on 15-4-1954, therefore, Civil Court had jurisdiction.--­[Jurisdiction). Mst. Ghulam Fatima v. Muhammad Hussain and 5 others PLD 1976 SC 729 rel. Saeed Ahmad v. Mahmood Ahmad PLD 1968 Lah. 520; Ghulam Muhammad v. Sher Dil PLD 1967 Azad J&$ 26; Mst. Baigan and others v. Muhammad Anwar and others 1992 ALD 463; Syed Ali Moazzam v. M.A. Effandi and others PLD 1965 (W.P.) Lah. 193; Mst. Inam Hussain Bibi v. Muhammad Latif and 2 other PLD 1971 Lah. 727; Muhammad Yousaf through his L.Rs and others v. Noor Din and others 1993 MLD 763; Muhammad Sarwar etc. v. Additional Commissioner (Consolidation) Settlement Commissioner (Land) 1978 SCMR 272; Amir Jan and others v. Gul Nawaz 1992 MLD 2531; Jalla v. Muhammad Din and others 1992 ALD 35; Ahmad Khan and another v: Zahur Ahmad Khan Tareen and 7 others PLD 1986 Lah. 184; Mst. Jannat Bibi v. Muhammad Yabooq and .2 others 1989 ALD 283; Mst: Rehmat Bibi and others v. Punnu Khan and others 1986 SCMR 962; Mst. Maryam Bibi and 13 others v. Mst. Mumtaz Begum and 4 others 1981 SCMR 208; Ch. Rehmat Ali v. Haji . Jan Muhammad and others 1983 SCMR 1109; Ahmad Din v. Muhammad Shafi and others PLD 1971 SC 762 and Muhammad Khan v. Abdul Khaliq Khan PLD 1981 SC 153 ref. (b) West Pakistan Land Revenue Act (XVII of 1967)--. ---S. 42---Limitation Act (IX of 1908), Art.120---Mutation in dispute between heirs of deceased---Validity---Limitation---Limitation starts from the date of accrual of cause of action---Cause of action admittedly accrued to plaintiff on 22-2-1961, when mutation in question was sanctioned---Suit to challenge such mutation filed on 22-6-1980, therefore, was barred by limitation. (c) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), S.115---Plaintiff's suit for declaration that mutation in question was illegal,…
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