| Case ID |
f64cb45f-5894-4c9d-8e73-4e4fa11911d1 |
| Body |
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| Case Number |
Writ Petition No. 733 of 1981 |
| Decision Date |
May 11, 1982 |
| Hearing Date |
May 10, 1982 |
| Decision |
The court dismissed the writ petition under Article 199 of the Constitution, highlighting that the principles of res judicata apply to civil proceedings and that the petitioners did not come to court with clean hands. The petitioners attempted to challenge previous decisions regarding the land but were found to be trespassers without legal title. The court emphasized the importance of finality in litigation and ruled that the earlier decisions by lower authorities were binding. The petitioners' claims were dismissed based on lack of jurisdiction and non-compliance with legal provisions regarding land transfers. The court reiterated that the absence of government consent invalidated any transactions concerning the land in question. |
| Summary |
In the case concerning Writ Petition No. 733 of 1981, the Lahore High Court addressed issues regarding land ownership and the application of res judicata principles. The petitioners, represented by Raja Muhammad Akhtar, contested the dismissal of their claims to land previously allotted to Barkat Ali. The court ruled against the petitioners, asserting that they were trespassers and that their previous claims had already been adjudicated in earlier petitions. The ruling emphasized the importance of adhering to legal requirements for land transactions, particularly the necessity of obtaining government consent. The decision further reinforced that the principles of res judicata prevent the re-litigation of issues already decided, thereby upholding the integrity of judicial determinations. This case underscores the significance of legal compliance in property disputes and the need for parties to approach the court with clean hands, as highlighted in the Constitution of Pakistan. The court's adherence to established legal precedents and its focus on the finality of litigation serve as critical takeaways for future cases involving property law and administrative decisions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAHBOOB AHMAD, J
|
| Lawyers |
Raja Muhammad Akhtar,
Altaf Muhammad Khan,
Irshad Ullah Chatta,
Ch. Noor Elahi,
Sh. M. Zafar
|
| Petitioners |
2 others,
WAJID ALI
|
| Respondents |
2 others,
BOARD OF REVENUE, PUNJAB
|
| Citations |
1982 SLD 880,
1982 PLD 716
|
| Other Citations |
Mirza Muhammad Ahmad Beg v. Mirza Amjad Beg P L D 1978 Lah. 421,
Mirza Muhammad Ahmad v. Mirza Amjad Beg P L D 1979 Lah. 865,
Abdul Aziz etc. v. Deputy Commissioner/Collector, Rahimyarkhan and others P L D 1981 Lah. 457,
Muhammad Shafi and 14 others v. Hayat Khan and others P L D 1978 Lah. 1228,
Nasim Ahmad Kharal and 4 others v. Board of Revenue, Sind and 2 others 1979 C L C 609,
Mirza Muhammad Yaqub v. The Chief Settlement Commissioner, Lahore and another P L D 1965 S C 254,
Government of Pakistan v. Syed Akhlaque Hussain and W. P. Province P L D 1965 S C 527,
Muhammad Shafi and another v. Muhammad Bakhsh and another P L D 1971 Lah. 148,
Allah Ditta v. Jhanda and others P L D 1949 Lah. 158,
Ghulam Rasul and others v. Muhammad Anwar and others 1969 S C M R 2 -4,
Abdul Aziz and 2 others v. Sadiq Muhammad and 9 others 1970 S C M R 569
|
| Laws Involved |
Civil Procedure Code (V of 1908),
West Pakistan Land Revenue Act (XVII of 1967),
Constitution of Pakistan (1973),
Colonization of Government Lands (Punjab) Act (V of 1912)
|
| Sections |
11,
163,
199,
19
|