Case Details

Citation(s)
1998 SLG 1394 1998 SLD 1394 1998 SCMR 695
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 101 of 1995, decision dated: 9-07-1995
MUHAMMAD MUNIR KHAN AND MIR HAZAR KHAN KHOSO, JJ

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Hafiz MEHBOOB ELAHI

VS

Mst. SALEH AFZAL KHAN

Law:

Section:

Civil Procedure Code (V of 1908)--S. 2(12)---Constitution of Pakistan (1973), Art.185(3)---Suit for possession and mesne profits, in respect of house in question---Suit was decreed by Trial Court as also by First Appellate Court---High Court in revision suspended operation of impugned s---Possession of house in question, meanwhile, had passed to plaintiff as a result of execution of decrees of Courts below---High Court directed plaintiff to hand over vacant possession of house to defendant--­Validity---High Court while admitting revision had stayed operation of impugned and decrees---Issuance of order for dispossession of defendant from the house in question, on basis of decrees, on the face of it was legal---High Court had issued direction to plaintiff to hand over vacant possession of house to defendant; such order could not be deemed to be wrong---Plaintiff's request for direction to High Court for early disposal of revision was accepted and direction was issued by Supreme Court to High Court for disposal of revision immediately after summer vacations---Leave to appeal was, however refused in circumstances. 1983 SCMR 643 and 1968 SCMR 160 ref. M. Kowkab Iqbal, Advocate-on-Record authorized by Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for Respondent Date of hearing: 9th July, 1995. ORDER MIR HAZAR KHAN KHOSO, J.---The petitioner seeks leave to appeal against the order dated 9-3-1995 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi. 2. The petitioner filed suit for possession and mesne profits in respect of a House in Islamabad against the respondent in the Court of Civil Judge. Islamabad. He filed written statement. Issues were framed accordingly. The parties led evidence. However, on 11-12-1994 the learned Civil Judge decreed the suit in favour of the petitioner and against the respondent. The respondent filed appeal before the learned Additional District Judge, Islamabad, who on 16-2-1995 dismissed it. The respondent filed revision petition before the Lahore High Court, Rawalpindi Bench, Rawalpindi On 23-2-1995 the revision was admitted for regular hearing. Besides, it suspended the operation of the impugned judgments. In…
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