| Citation(s) |
|---|
| 2003 SLG 2507 2003 SLD 2507 2003 CLC 405 |
Lahore High Court
Review Petition No. 1328 of 2002 decided on 14th June. 2002.
CH. IJAZ AHMAD, J
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Review Petition No. 1328 of 2002 decided on 14th June. 2002.
CH. IJAZ AHMAD, J
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MUHAMMAD JAHANGIR
VS
POSTMASTERGENERAL PUNJAB, LOWER MALL. LAHORE and 2 others
Law:
Section:
Specific Relief Act (I of 1877)-------Ss. 42 & 54-Civil Procedure Code (V of 1908), O. XXXIX, Rr.l & 2---Suit for declaration and permanent injunction---Stay order, grant of---Plaintiff who was employee of defendant filed application for allotment of house to him, but his application was rejected and plaintiff filed suit for declaration and permanent injunction---Plaintiff alongwith suit also filed stay application under O.XXXIX, Rr.l & 2, C.P.C. which was concurrently dismissed by Trial Court and Appellate Court---Validity---Applicant who was expelled from his employment of daily wages had also filed a case before Labour Court with regard to his retaining the flat on basis of his employment--Labour Court having turned down plea of applicant, he filed appeal before Labour Appellate Tribunal where the same was pending--Applicant could not invoke jurisdiction of two Courts at one time especially when he was no more in service of the defendants--Plaintiff/applicant, in circumstances, neither had a cause of action nor locus standi to institute suit---Applicant having no prima facie case. his stay application as well as plaint were rightly dismissed--Concurrent s of Courts below not suffering from any illegality or irregularity, could not be interfered with by High Court. Shahzada Muhammad Umar Beg v. Sultan Mehmood Khan and another PLD 1970 SC 139; Estate Officer, Government of Pakistan v. Syed Tahir Hussain PLD 1962 SC 75; Iris Sammuel Gill v. Government of Punjab PLD 1979 Lah. 467; Dr. Manir Ahmad, M.B.,B.S., Medical Officer v, Chairman House Allotment Committee and others 1983 CLC 1783 and Imtiaz Hussain v. Government of Pakistan and 2 others 1992 CLC 1122 ref. Asmat Kamal Khan for the Petitioner. ORDER Brief facts out of which present revision petition arises are that father of the petitioner was employee of the respondents and respondents allotted the house in question to the father of the petitioner. The petitioner is also employee of the respondents. The petitioner filed an application before the respondents to allocate the house in question in the name of the petitioner but the respondents failed to redress the grievance of the petitioner.…
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