Law:

Section:

(a) Administration of justice----Findings attaining finality---Principles---When finding of Trial Court on an issue was not challenged either through appeal or cross-objections, such findings on the issue in question would attain finality. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 114---Estoppel, principle of---Applicability---Though some other contentions were raised before Lower Appellate Court but no plea regarding lack of jurisdiction was raised at the time of arguing appeal before that forum---Effect---Petitioner had acquiesced in the matter and thus was .precluded and estopped from raising plea of jurisdiction before Supreme Court, when such finding had attained finality. (c) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 36---Jurisdiction of civil courts---Principles---When action of authorities was without jurisdiction and void, plaintiff was within his rights to maintain suit before civil court---Bar of S.36 of Colonization of Government Lands (Punjab) Act, 1912 would not apply and civil court could competently proceed to entertain and adjudicate the suit. Alam Sher through Legal Heirs v. Muhammad Sharif and 2 others 1998 SCMR 468; Hamid Hussain v. Government of West Pakistan and others 1974 SCMR 356 and Muhammad Jamil Asghar v. Improvement Trust PLD 1965 SC 698 rel. (d) Specific Relief Act (I of 1877)--- ----S. 42---Colonization of Government Lands (Punjab) Act (V of 1912), S.10---Constitution of Pakistan (1973), Art.185(3)---Cancellation of allotment---Natural "justice, principles of---Applicability---Land allotted to plaintiff was resumed and there was no evidence / document on record which could show that before resuming land from plaintiff, any notice was given to him or he was heard by Collector at any point of time---Suit filed by plaintiff was dismissed by Trial Court but lower Appellate Court allowed the appeal and decreed the suit in favour of plaintiff---Judgment and decree passed by lower Appellate Court was maintained by High. Court in exercise of its revisional jurisdiction--Validity---If there was no requirement for issuance of statutory or mandatory notice, even then plaintiff was at least entitled to a notice…

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