Case Details

Citation(s)
2004 SLG 1021 2004 SLD 1021 2004 SCMR 817
Supreme Court of Pakistan
Civil Petition No.3197 L of 2001, decision dated: 25th March , 2003.(On appeal from the judgment dated 11 9 2001 of the Lahore High Court, Multan Bench passed in R.S.A. No.6 of 2000)
MUNIR A. SHEIKH AND FAQIR MUHAMMAD KHOKHAR, JJ
Syed Shamim Abbas Bokhari, Advocate Supreme Court for Petitioners. Nemo for
Respondents

MUHAMMAD YOUNIS and others

VS

ABDUL GHAFFAR and others

Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIB of 1958)---Ss.10 & 25 Civil Procedure Code (V of 1908), S.9 Permanent Transfer Deed, amendment of Jurisdiction of Civil Court Sister alleged that P.T.D. issued in favour of her brother was in fact in lieu of property left by her father, thus, she claimed share therein through inheritance Sister failed to get P. T. D. amended under Settlement Laws in appeal and revision Suit for declaration seeking same relief was dismissed by Civil Court, which was upheld upto High Court Held, Such orders passed in appeal and revision for not having been challenged further had become final and could not be challenged before Civil Court Sister could not reopen case before Civil Court, jurisdiction of which was barred under Displaced Persons (Compensation and Rehabilitation) Act, 1958 Judgments of Courts below did not suffer from any illegality Supreme Court dismissed petition and refused leave to appeal. JUDGMENT MUNIR A. SHEIKH, J. This petition has arisen from declaratory suit filed by the petitioners that they were owners of two rooms in the house in dispute which being evacuee property was transferred by the Settlement Department to. Abdul Ghaffar, respondent No.1. Abdul Ghaffar and Abdul Jabbar are real brothers and Mst. Jameela, deceased predecessor in interest of the present petitioners was their sister. According to the petitioners, this house was transferred against the claim of the property which was left in India by Abdul Karim, father of respondents Nos.1 and 2 and Mst. Jameela, therefore, Mst. Jameela had also become owner therein to the extent of her lawful share in the inheritance, as such, she was the owner of two rooms in the house. A P.T.D. in this case was issued by the Settlement Department in favour of Abdul Ghaffar before the repeal of the Settlement Laws against which the petitioners filed ' appeal before the Additional Settlement Commissioner alleging that the claim against which this property was transferred was in respect of the property left by Abdul Karim, predecessor in interest of the…
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