Law:

Section:

Constitution of Pakistan (1973)--- ----Art.185(3)---Order attaining finality---Jurisdiction of Civil Court--­Order passed by Settlement Authorities by virtue of which the land was transferred to the -Petitioner attained finality on disposal of the matter by the Supreme Court in a petition for leave to appeal---Such order of transfer of property was again assailed in a civil suit---Validity---Leave to appeal was granted by Supreme Court to consider, whether in the given situation, the Civil Court had the jurisdiction to adjudicate the matter and civil suit could legally proceed. Ghulam Hussain v. Malik Shahbaz Khan 1985 SCMR 1925; Muhammad Bakhsh v. Ghulam Hussain 1989 SCMR 443; Muhammad Zahoor v. Lal Muhammad 1988 SCMR 322 and Muhammad Khan v. Mst. Ghulam Fatima 1991 SCMR 970 ref. ORDER MUHAMMAD NAWAZ ABBASI, J. ---The -Petitioner through this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 has sought leave to appeal against the judgment dated 20-11-2001 passed by a learned Single Judge of Lahore High Court, Rawalpindi Bench, Rawalpindi, arising out of a civil suit. 2. The -Petitioner was allotted land measuring one Kanal, by the Deputy Settlement Commissioner vide order dated 6-1-1975. The Province of Punjab through Director Education (S), Rawalpindi filed a revision petition against the said order before the Settlement Commissioner, Rawalpindi which succeeded and the order passed by the Deputy Settlement Commissioner was set aside. The -Petitioner challenged the order of Settlement Commissioner in the Lahore High Court, Rawalpindi Bench through Writ Petition No.721-R of 1975 which was allowed vide judgment dated 25-4-1982 and the order of Settlement Commissioner was declared without lawful authority. The Province of Punjab through the concerned department filed a Civil Petition bearing No. 161 of 1982 before this Court which failed and was dismissed vide order 20-12-1983. The -Respondent-Department thereafter filed a suit for declaration and permanent injunction on 18-7-1984 and the -Petitioner by way of filing an application under Order V1I, rule 11, C.P.C. sought rejection of plaint and on failure, he preferred a…

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