| Case ID |
0f822880-6a9b-44d3-ae09-2126fc72f3f4 |
| Body |
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| Case Number |
Criminal Reference No. 37 of 1967/(BWP) |
| Decision Date |
Nov 21, 1967 |
| Hearing Date |
|
| Decision |
The court ruled that the Magistrate did not have jurisdiction to enter into the question of title and continue proceedings under the Criminal Procedure Code. The impugned order was quashed as Nawab Din had been in possession for over two months, which restricted the Magistrate's authority to act under the relevant sections concerning property disputes. The court emphasized the need for a proper inquiry into possession before any orders could be made regarding the attachment of property and appointment of a receiver. |
| Summary |
This case revolves around the dispute over Khokha No. 33-A, which is claimed to be Wakf Property in Bahawalpur. The case was initiated by Abdul Ghafoor, who alleged that Nawab Din had forcibly taken possession of the Khokha. The City Magistrate's order to attach the Khokha and appoint a receiver was challenged. The court found that the Magistrate acted without jurisdiction, as Nawab Din's possession for over two months precluded the Magistrate from acting under sections 145 and 146 of the Criminal Procedure Code. The decision underscores the importance of jurisdiction in property disputes and the necessity of proper inquiry before making such orders. The ruling is significant in maintaining the rule of law and protecting property rights. |
| Court |
Baghdad ul Jadid
|
| Entities Involved |
Not available
|
| Judges |
FEROZE NANA GHULAMALLY, J
|
| Lawyers |
Fakhruddin Pirzada for Appellant.,
M. A. Farani for Respondent.,
M. M. Bhatti for the State.
|
| Petitioners |
NAWABUDDIN
|
| Respondents |
ABDUL GHAFOOR
|
| Citations |
1968 SLD 69,
1968 PCRLJ 335
|
| Other Citations |
Ch. Muhammad Srddiq v. Sahibaada Sahibyar Khan P L D 1963 B J 26,
Debendra Chandra Sarkar v. Khodaram Sangma P L D 1951 Dacca 59,
Sh. Shaukatali v. The State P L D 1965 Lah. 312,
Ghulam Mustafa v. Abdul Karim and others P L D 1964 Lah. 9,
Zain Khan v. Muhammad Jamil P L D 1967 Pesh. 137,
Mohibullah v. Usman Khan P L D 1967 Pesh. 311,
Anwarullah Meah v. Muhammadun Nabi Chowdhury P L D 1967 Dacca 542,
Muhammad Ishaque Chowdhury v. Nur Mahal Begum and others P L D 1961 S C 426
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
145(4),
146(1)
|