Law:

Section:

Civil Procedure Code (V of 1908) S. 144 read with Ss. 47, 151 & OXXI, R. 35 Constitution of Pakistan (1973), Art. 185(3) Restitution of possession Dispute relating to ownership of property in question, had been finally settled by the Supreme Court in favour of respondent in earlier round of litigation Trial Court, in the course of earlier litigation, however, had found in favour of petitioner and in consequence of execution of such decree, respondent was deprived of possession of property in question Supreme Court having finally settled question of ownership in favour of respondent, he applied for restitution of possession which prayer was granted by all the Courts including the High Court Validity Interference with the order of restitution of property was likely to perpetuate injustice Paramount consideration before Supreme Court while exercising its Constitutional jurisdiction would be whether interference with the order which allegedly suffered from some legal infirmity would advance cause of justice or would it perpetuate injustice Trial Court in peculiar circumstances of case, however, in exercise of inherent jurisdiction was quite competent to direct restitution of property to respondent Decision of Trial Court had been rightly upheld by the Courts below including the High Court Leave to appeal was refused in circumstances Petitioner was directed to hand over vacant possession of property in question to respondent within one month. ORDER MUHAMMAD MUNIR KHAN, J. This petition for leave to appeal is directed against the judgment of the Peshawar High Court, Branch Registry D.I. Khan, dated 7 5 1994. 2. The facts `of the case, briefly stated, are that the dispute between the parties relate to shop No. 7/13 A with Balakhana, situate in Tanchi bazar, Bannu. This property was in the possession of Muhammad Rashid Khan (respondent No. 1) in the year 1960 when Sharifullah the predecessor in-interest of the petitioner and respondents Nos. 2 to 4 purchased it for Rs. 5,500 through auction. P.T.O. was accordingly issued on 21 11 1960 in his name. Challenging the transfer of shop in favour of Shairfullah, the respondent No. 1 Muhammad Rasheed Khan offered to pay…

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