Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Constitution of Pakistan (1973), Art.185(3)---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2--Civil Procedure Code (V of 1908), S.9---Suit for declaration---Plaintiff in suit challenged transfer order passed by Settlement Authority as having been secured by defendant through fraud and misrepresentation---Trial Court dismissed suit being not maintainable, but plaintiff did not challenge such order---Plaintiff challenged transfer order in Constitutional petition, which was accepted by High Court remanding case to Trial Court for fresh decision---Validity---After repeal of Settlement Laws such factual controversy could be resolved by Civil Court of plenary jurisdiction---Plaintiff in suit had taken exception to transfer order, which had been dismissed being not maintainable---High Court had not committed illegality in remanding case to Trial Court to judge veracity of transfer order---Supreme Court dismissed petition and refused leave to appeal. Ch. Qadir Bakhsh, Senior Advocate Supreme Court for Petitioners. Nemo for Respondents. Date of hearing: 27th February, 2003. ORDER TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment, dated 18-11-1999 whereby a learned Single Judge of the Lahore High Court, Lahore, accepted the writ petition filed by the respondents and set aside the judgment and decree dated 6-6-1984 of the learned Senior Civil Judge, Kasur, and held that the suit filed by the respondents would be deemed to be pending and would be decided afresh. The dispute in this case pertains to a plot measuring 14 Marlas bearing Khasra No.1719 situated at Gandhian Road, Kot Radha Kishan District Kasur. According to the averments contained in the petition, the above plot was purchased by Habib-ur-Rehman, real brother of Muhammad Sadiq, the predecessor-in-interest of. respondents, in the year, 1938 through a registered sale-deed. The respondents purchased the said plot from Habib-ur-Rehman through two sale-deeds dated 12-1-1974. Muhammad Sadiq filed a declaratory suit on 23-1-1974 claiming ownership and possession of the disputed plot averring that his brother Habib-ur-Rehman…

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