Law:

Section:

West Pakistan Redemption and Restitution of Mortgaged Lands Act (XIX of 1964)--Ss.17, 10 & 11---Civil Procedure Code (V of 1908), S. 11---Constitution of Pakistan (1973), Art. 185(3)---Jurisdiction ousting provision --- Effect --- Factum of subsisting or non-subsisting of mortgage---Jurisdiction of Civil Court--­Earlier and decree of Court not challenged before any forum--­Effect---Despite jurisdiction ousting provision in terms of S. 17 of the Act, Civil Courts would have jurisdiction to examine whether statutory Tribunals had complied with provisions of the Act or they had acted ultra vires or assumed jurisdiction not vested in them---Where it was shown that order passed by statutory functionary could not be accommodated within ambit of relevant provisions, Civil Court would have jurisdiction to interfere and declare such order beyond scope of the statute---Where Civil Court had found in plaintiffs' suit that owning to lapse of sixty years, mortgage was no more subsisting and they (plaintiffs) had become owners of land in question. such matter did not fall within purview of Ss. 10 & 11 of the Act.---Civil Court, thus had jurisdiction to declare that Collector had no power to direct restitution of possession of land in question to mortgagors (defendants)---High Court had correctly found that decree of Civil Court in earlier round of litigation was correctly passed by Civil Court and same having attained finality could not be challenged in another suit---Defendants could have assailed that decree in appeal if same suffered from any legal infirmity ---Decree in question having become final would operate as res judicata---Judgment of High Court was, thus, unexceptionable---Leave to appeal was refused in circumstances. Allah Wasaya Malik, Advocate Supreme Court with Muhammad Aslam Chaudhary, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 7th February, 1995. JUDGMENT ZIA MAHMOOD MIRZA, J.---This petition seeks leave to appeal against the judgment of a learned Single Judge of Lahore High Court dated 26-1-1993 allowing Civil Revision No. 1873-D of 1983 filed by the respondents against the judgments and decrees of the Courts below…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492