| Citation(s) |
|---|
| 2007 SLG 499 2007 SLD 499 2007 SCMR 298 |
Supreme Court of Pakistan
Civil Appeals Nos.436 and C.P.. No.1-P of 2002, decision dated: 25-09-2006. (On appeal from the judgment, dated 1-10-2001 passed by the Peshawar High Court, D.I. Khan Bench, in Civil Revision No.141 of 1995)
MIAN SHAKIRULLAH, JAN AND CH. IJAZ AHMED, JJ
Raja M. Ibrahim Satti, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Appellants (in C.A. No. 436 of 2002). M. Munir Peracha, Advocate Supreme Court along with Samad Mehmood, Advocate Supreme Court for
Respondent No.1 (in C.A. No. 436 of
Civil Appeals Nos.436 and C.P.. No.1-P of 2002, decision dated: 25-09-2006. (On appeal from the judgment, dated 1-10-2001 passed by the Peshawar High Court, D.I. Khan Bench, in Civil Revision No.141 of 1995)
MIAN SHAKIRULLAH, JAN AND CH. IJAZ AHMED, JJ
Raja M. Ibrahim Satti, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Appellants (in C.A. No. 436 of 2002). M. Munir Peracha, Advocate Supreme Court along with Samad Mehmood, Advocate Supreme Court for
Respondent No.1 (in C.A. No. 436 of
ATTAULLAH KHAN and otherss
VS
SAMIULLAH and others
Law:
Section:
(a) Interpretation of statutes--- ----Special law excludes general law. Zia-ur-Rehman's case PLD 1973 St 49 rel. (b) Administration of justice--- ----Judge must wear all the laws of country on the sleeve of his robe. Shaukat Nawaz's case 1988 SCMR 851 ref. Muhammad Sarwar's case PLD 1969 SC 278 rel. ORDER CH. IJAZ AHMED, J.--- We intend to decide the captioned cases by one consolidated order having similar facts and law arising out of the same judgment, dated 1-10-2001 of the Peshawar High Court wherein the learned High Court refused to interfere in the concurrent findings of the Courts below. 2. Appellant/petitioner filed C.P.L.A. No.3407 of 2001 whereas respondent filed C.P. 1-P of 2002 which were fixed before this Court on 7-3-2002 and leave was granted in C.P. No.3407 of 2001 to consider the following questions:-- "(4) According to this Scheme, the restoration of properties to the original transferee on clearness of Government dues could be declined only if the same had already been transferred to any other person and not where any other person had merely applied for its transfer as was envisaged in para.3A relied upon by the learned Judge of the High Court, therefore, according to learned counsel, correct law has not been applied in deciding the case which has resulted not only in miscarriage of justice but in depriving the petitioner of his valuable rights as transferee. He argued that he transfer of property in favour of the petitioner was challenged up to the level of this Court but the same was upheld. (5) Leave is granted to consider, inter alia, the above contention. (6) In the meantime, status quo shall be maintained. (7) Civil Petition No.1-P of 2002 directed against the same judgment shall be heard along with this appeal." 3. Detailed facts have already been mentioned in the impugned judgment. However; necessary facts out of which the present petition arises are that evacuee property comprised in Serai bearing 766-C (24/16 to 30/16-A) situated in Green Market, Bannu City was owned by Soobaram which was put to auction on 17-1-1967. Bid of Hameedullah was highest amounting to Rs.63,360 who failed to deposit the aforesaid amount. The amount of bid…
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