Case Details

Citation(s)
1991 SLG 1226 1991 SLD 1226 1991 SCMR 1463
Supreme Court of Pakistan
Civil Petition No.3.S7 of 1988, decision dated: 24-04-1990.(On appeal from the judgment and order, dated 19-4-1988 of the Lahore High Court, passed in Civil Revision No.708 of 1988)
SAAD SAOOD, JAN AND ABDUL SHAKURUL SALAM, JJ

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CHUGHATTA

THE PROVINCE OF PUNJAB and others

Law:

Section:

Specific Relief Act (I of 1877)--S. 42---Constitution of Pakistan (1973), Art.185(3)---Land in dispute was allotted to respondent long before issuance of Notification forming basis of claim of. petitioner for entitlement to conferment or proprietary rights in the said land---Notification not having retrospective effect, suit of plaintiff/petitioner was concurrently dismissed by three Courts below---Leave to appeal was refused. ORDER ABDUL SHAKURUL SALAM, J.---Petitioner riled a suit for a declaration that he was entitled to conferment of proprietary rights under Memo. dated 3-9-1979 and the allotment of the land in dispute in favour of the respondents was illegal. Issue No.6 was framed to the following effect: "Whether the plaintiff is entitled for grant of proprietary rights of the suit land or extension of lease? OPP" Learned trial Court found that on the expiry of the lease of one Ibrahim, the suit land was allotted to the respondents on 19-3-1979. Notification which forms the basis of claim of the plaintiff is, dated 3-7-1979. This notification cannot be given retrospective effect. Finally, the suit was dismissed by the learned Civil Judge, First Class, Faisalabad vide judgment…
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