| Case ID |
08f5f7ee-85dd-4442-9830-7bf056d10214 |
| Body |
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| Case Number |
Writ Petition No. 6837 of 2008 |
| Decision Date |
Dec 05, 2008 |
| Hearing Date |
Dec 05, 2008 |
| Decision |
The court ruled that the Additional District Judge/Ex-officio Justice of the Peace had acted outside their jurisdiction by summarily granting possession of the property without a trial. The court emphasized that the complainant should have pursued her case through civil court channels, specifically under the Specific Relief Act, rather than invoking the jurisdiction of the Justice of Peace. The impugned order was set aside, confirming the need for proper legal procedures to be followed in property disputes. |
| Summary |
In this case, the Lahore High Court dealt with a constitutional petition regarding the illegal dispossession of property. The petitioner, Muhammad Habib, contested an order from the Additional Sessions Judge, who was acting as a Justice of Peace, regarding the restoration of possession of a disputed plot owned by Mst. Subhal Mai. The court highlighted the correct legal processes under the Criminal Procedure Code and the Specific Relief Act that should have been followed. The judgment clarified the limited role of the Justice of Peace and reinforced the necessity for judicial procedures in property disputes, ensuring that proper legal avenues are utilized to resolve such issues. The court ultimately set aside the earlier ruling, emphasizing the importance of adhering to the law and the correct jurisdiction in civil matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
KAZIM ALI MALIK, J
|
| Lawyers |
Rana M. Nazeer Khan Saeed,
M. Mubashir Latif Gill, A.A.G.
|
| Petitioners |
MUHAMMAD HABIB
|
| Respondents |
ADDITIONAL SESSIONS JUDGE JUSTICE OF PEACE JAMPur,
DISTRICT RAJANPur,
Mst. Subhal Mai
|
| Citations |
2009 SLD 351,
2009 PLD 235
|
| Other Citations |
PLD 2005 Lah. 470
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Illegal Dispossession Act, 2005,
Specific Relief Act, 1877
|
| Sections |
22A,
22B,
54,
55,
6,
3,
8,
9
|