| Citation(s) |
|---|
| 2001 SLG 1314 2001 SLD 1314 2001 PLD 23 |
Supreme Court of Pakistan
Civil Petitions Nos.160-K, 161-K and 162-K of 1999, decided-on 7-08-2000
RANA BHAGWAN DAS, SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
Nur-ud-Din Sarki, Advocate Supreme Court. G.M. Qureshi, Advocate Supreme Court for the Private
Respondents. Ain-ud-Din Khan, Addl. A.G. Sindh for the State
Civil Petitions Nos.160-K, 161-K and 162-K of 1999, decided-on 7-08-2000
RANA BHAGWAN DAS, SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
Nur-ud-Din Sarki, Advocate Supreme Court. G.M. Qureshi, Advocate Supreme Court for the Private
Respondents. Ain-ud-Din Khan, Addl. A.G. Sindh for the State
MOOSO through Legal Heirs and others
VS
ALLAHDITO through Legal Heirs and 7 others
Law:
Section:
Pakistan (Administration of Evacuee Property) Act (XII of 1957)-------Ss. 3 & 7---Constitution of Pakistan (1973), Art.185(3)---Evacuee property---Claiming ownership over barrage land---Concurrent findings of fact by Courts below---Suit land was not fully paid up and no transfer order was ever issued in favour of evacuee grantee---Suit filed by petitioner was dismissed by the Trial Court and appeal before the Appellate Court met the same fate---Judgments and decrees of both the Courts below were upheld by High Court in exercise of revisional jurisdiction---Validity---No property rights in the suit land were passed in favour of original (evacuee) grantee and land in question was not available for transfer to the claimant under the Settlement Scheme---Where the claimant had subsequently transferred the suit land to the petitioner, such transfer conferred no right, title or interest in favour of the petitioner---Concurrent findings of three Courts below did not suffer from misreading, non-reading of evidence and legal infirmity--Judgments of the Courts below called for no interference---Leave to appeal was refused. Azam Ali and others v. The Custodian of Evacuee Property PLD 1968 Lah. 148; Isab Khan v. Muhammad Sher PLD 1975 Lah. 833 and Munira Bibi and others v. Member, Board of Revenue, Balochistan PLD 1978 Quetta 121 ref. ORDER HAMID ALI MIRZA, J.--These three civil petitions for leave to appeal are directed against the common judgment dated 11-12-1998 passed by a learned Single Judge of the High Court of Sindh at Hyderabad, whereby Civil Revision Applications Nos. 174, 175 and 176 of 1993 were dismissed, maintaining the judgments and decrees passed by the two Courts below. The brief facts of the case (C. P. No. 160-K of 1999) are that one Allah Dino filed Suit No. 78 of 1981 before the Senior Civil Judge, Dadu against the Government of Sindh and nine others for declaration that the orders passed by defendants Nos. 1, 4 and 5 in the said suit were illegal, void and mala fide and that the said Allah Dino plaintiff be declared to be owner of said suit property and that private defendants Nos.7 to 10 in suit had no right, title or interest in property. Suit…
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