| Case ID |
0bad0605-79cf-45d3-b6b4-b9ccf4e310a6 |
| Body |
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| Case Number |
Civil Revision No.1972-D of 1996 |
| Decision Date |
Sep 15, 2005 |
| Hearing Date |
Sep 15, 2005 |
| Decision |
The Lahore High Court allowed the civil revision petition filed by the petitioner, Aesh Muhammad, against the judgments and decrees of the lower courts which had dismissed his suit for permanent injunction and appeal. The court found that the lower courts had erred in their findings as there was no evidence presented by the respondents to show that they had followed the procedural requirements of the West Pakistan Land Revenue Act before raising a demand against the petitioner. The court decreed the suit as prayed for, allowing the petitioner to be free from the demands made against him without proper legal procedure. The concerned Collector was permitted to initiate fresh proceedings, ensuring that due process is followed in determining any dues owed by the petitioner. |
| Summary |
In this case, Aesh Muhammad filed a civil revision petition against the decisions of the lower courts that dismissed his suit for permanent injunction regarding land revenue dues. The Lahore High Court examined the procedural lapses on the part of the respondents, specifically the failure to provide notice and an opportunity for hearing before declaring the petitioner as a defaulter. The court emphasized the importance of adhering to legal procedures under the West Pakistan Land Revenue Act, 1967, and the Specific Relief Act, 1877, before making any demands for payment. Ultimately, the High Court set aside the previous judgments and decreed in favor of the petitioner, highlighting the need for due process in legal proceedings and the protection of individuals against coercive recovery actions without proper legal justification. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD JEHANGIR ARSHAD, J
|
| Lawyers |
Ch. Akbar Ali Shad,
Sarfraz Ali Khan, Asstt. A.-G.
|
| Petitioners |
AESH MUHAMMAD
|
| Respondents |
PROVINCE OF PUNJAB through Collector, Sheikhupura and 3 others
|
| Citations |
2006 SLD 2011,
2006 CLC 427
|
| Other Citations |
PLD 1978 Lah. 859
|
| Laws Involved |
West Pakistan Land Revenue Act, 1967,
Specific Relief Act, 1877
|
| Sections |
91,
42,
54
|