| Citation(s) |
|---|
| 2003 SLG 738 2003 SLD 738 2003 SCMR 1925 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1662-L of 2002, decision dated: 3rd February, 2003. (On appeal from the order dated 20-3-2002 of the Lahore High Court, Lahore, passed in Civil Revision No. 548 of 2002)
JAVED IQBAL, TANVIR AHMED KHAN AND FAQIR MUHAMMAD KHOKHAR, JJ
Saeed-ur-Rehman Farrukh, Advocate Supreme Court for Petitioner. Nemo for
Respondent
Civil Petition for Leave to Appeal No. 1662-L of 2002, decision dated: 3rd February, 2003. (On appeal from the order dated 20-3-2002 of the Lahore High Court, Lahore, passed in Civil Revision No. 548 of 2002)
JAVED IQBAL, TANVIR AHMED KHAN AND FAQIR MUHAMMAD KHOKHAR, JJ
Saeed-ur-Rehman Farrukh, Advocate Supreme Court for Petitioner. Nemo for
Respondent
MUHAMMAD HAYAT
VS
DILSHAD HUSSAIN SHAH and others
Law:
Section:
(a) Specific Relief Act (I of 1877) S.42West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13Limitation Act (IX of 1908), S.14 & Art.120Suit for declaration of titleLimitationPlaintiff filed suit on 2611986 after dismissal of his rent appeal by Appellate Court on 321985 with observation that question of title could not be decided by Rent Controller, but only Civil Court would be the forum to decide the sameDefendant's plea was that suit was barred by time ValidityPlaintiff had been pursuing proceedings before Rent Controller in a bona fide mannerDispute before Rent Controller was relationship of landlord and tenant, and not of titleBar of limitation, thus, would not be attracted in view of S.14 of Limitation Act, 1908. (b) Constitution of Pakistan (1973)-- Art.185(3)Question of fact determined by Courts below after thrashing out the recordHigh Court had given cogent reasons in maintaining same after perusal of recordSupreme Court dismissed petition and refused leave to appeal. ORDER TANVIR AHMED KHAN, J. Leave to appeal is sought against the judgment dated 2032002 whereby a learned Single Judge of the Lahore High Court, Lahore, dismissed Civil Revision No.548 of 2002 filed by the -Petitioner maintaining the earlier determinations rendered by the learned Civil Judge 1st Class, Sheikhupura, and the learned Additional District Judge, Sheikhupura. 2. The dispute in this case pertains to Shops Nos.BIIS21/B and BIIS21/C which were purchased by one Masood Ahmad in an open auction held by the Settlement Department in the year 1960. The present -Petitioner purchased the above shops for a consideration of Rs.5,000 from the aforesaid Masood Ahmad through registered saledeed dated 2441974. The -Respondent's predecessorininterest Dil Muhammad Shah also purchased Shops Nos.BIIS21/D and BIIS21/E in the year 1960 from the Settlement Department and secured P.T.D. He also constructed Chowbara over the shops in the year 1964. A dispute arose between the -Respondent's predecessorininterest and the -Petitioner whereupon Dil Muhammad Shah filed a declaratory suit on 271198ti claiming that he was owner of Shop No.BIIS2!/D with which the -Respondents had no concern.…
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