| Citation(s) |
|---|
| 2004 SLG 1917 2004 SLD 1917 2004 CLC 1294 |
Sindh High Court
Revision Application No. 115 of 1998, decision dated: 10-11-2003.
MUHAMMAD ASHRAF LEGHARI, J
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Revision Application No. 115 of 1998, decision dated: 10-11-2003.
MUHAMMAD ASHRAF LEGHARI, J
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Mst. MUMTAZ JEHAN and 5 others--Applicants
VS
GOVERNMENT OFF SINDH through Settlement Commissions, Pakistan Secretariat, Karachi and 10 others
Law:
Section:
Specific Relief Act (I of 1877)------Ss. 42 & 54---Suit for declaration and injunction---Suit house which was in joint possession of all four brothers/plaintiffs, was transferred in the name of one of four brothers by issuing him P.T.O. in 1960 and after payment of price of said house, P.T.D. was issued in favour of transferee---Plaintiffs were in possession of suit house for the last 55 years and had occupancy rights---After permanent transfer of house to plaintiffs, same was not available for auction to defendant---Suit which was well within time and was filed by plaintiffs after exhausting their remedies, before other forums, had rightly been decreed by Appellate Court after discussing all points elaborately---Judgment of Appellate Court, being sound and well-founded, could not be interfered in revision petition. Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345; Hakim Muhammad Buta and another v. Habib Ahmed and others PLD 1985 SC .153; Muhammad lqbal and others v. Shah Muhammad and others 1985 SCMR 789; Sadiq Hussain and others v. Ghulam Rasool 1986 SCMR 322; Allahyar Khan v. Mst. Sardar Bibi and others 1986 SCMR 1957; 1988 SCMR 1526; Muhammad Rafiq and others v. Barkat Ali 1988 SCMR 1526; Province of Balochistan v. Messrs Tribal Friends Company Loralai, Civil Revision No.252 of 1977 and Province of Balochistan v. Messrs Tribal Friends Company, Loralai 1986 PLD Quetta 321 ref. Qazi Munawar Ali for Applicants. Hamid Hussain for. Respondents. Rasheed A. Qureshi, Asstt. A.-G. for Respondents Nos. 1 and 2. Date of hearing: 24th October, 2003. ORDER The applicants through this revision application have challenged the judgment, dated 30-4-1998 passed by VIIth Additional District Judge, Hyderabad in Civil Appeal No. 183 of 1994 whereby he allowed the appeal filed by the respondents Nos.3 to 11, by which 'the judgment and decree, dated 31-3-1994 and 18-4-1994 respectively passed by IVth Senior Civil Judge, Hyderabad Sindh were set aside. The trial Court by the aforesaid judgment had dismissed the suit filed by the respondents Nos.3 to 11. 2. Briefly, the facts giving rise to this revision application are that respondents Nos.3 to 11 filed…
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