Case Details

Citation(s)
2005 SLG 1211 2005 SLD 1211 2005 SCMR 766
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.722/L of 2003, decision dated: 27-03-2003
TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ

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KHURRAM SHAFI

VS

. Mst. INAYAT BIBI and others

Law:

Section:

Criminal Procedure Code (V of 1898)------S. 550---Specific Relief Act (I of 1877), Ss.12 & 54---Custody of vehicle on Superdari---Police intercepted vehicle from petitioner---Suit filed by petitioner was dismissed, wherein he had prayed that vehicle be not taken from him---Petitioner sought Superdari of vehicle on the ground that he had purchased same through oral agreement from respondent owner---Magistrate granted Superdari of vehicle to petitioner, which order was upheld by Revisional Court, but was set aside by High Court in Constitutional petition---Validity---Civil Judge while dismissing suit observed that petitioner had not produced any agreement to sell to have been made between parties with regard to vehicle; and as question of title was in dispute, suit for permanent injunction was not maintainable, rather he should have filed suit for specific performance of agreement---Petitioner had not challenged such before any higher forum, which had attained finality---Petitioner had not brought a single document worth consideration on record as to substantiate his claim---Impugned order did not suffer from any illegality or legal infirmity warranting interference---Supreme Court dismissed petition and refused leave to appeal in circumstances. Zahid Hussain Khan, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 27th March, 2003. ORDER TANVIR AHMED KHAN, J.--- Leave to appeal is sought against the judgment, dated 20-3-2003 whereby a learned Single Judge of the Lahore High Court, Lahore accepted Writ Petition No.2290 of 2000 filed by the private respondent No.5, Mst. Kajal widow of Ansar Ali deceased, within seven days. 2. The facts briefly narrated for the disposal of the petition are that a Toyota Coaster bearing Registration No.1097/IDT was intercepted by the police on 19-10-1998 and took its possession from the petitioner under section 550, Cr.P.C. Prior to it the petitioner filed a declaratory suit claiming a restraint order to the effect that the disputed vehicle be not taken from him. The above suit was, however, dismissed and no further exception was taken to the same. After interception of the vehicle, the petitioner…
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