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1971 SCMR 75

Mian GHULAM KADIR vs DILMURAD AND Another

Citation1971 SCMR 75
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. K-57 of 1970
Date1970-08-19
Judge(s)Waheeduddin Ahmad, Muhammad Yaqub Ali Khan
ResultPetition dismissed

ORDER

1. WAHIDUDDIN AHMAD, J.-The dispute between the parties is in respect of plot of land No. 8 situated in the town of Kotri Mohammad Kabir which was granted to respondent No. 1 by the Deputy Commissioner. The petitioner challenged this order in appeal before the Commissioner and the same was set aside. The revision petition filed by respondent No. 1 was dismissed by the Board of Revenue. He then filed Civil Suit No. 119 of 1968 against respondent No. 1 for declaration that the property in dispute belongs to the Government. Along with the suit he also filed an application under Order XXXIX, rules 1 and 2, C. P. C. For interim injunction. This application was dismissed by the trial Court. In appeal, however, the learned District Judge, Nawab--shah, issued an injunction against the petitioner. The petitioner challenged this order in Civil Revision Application No. 482, 1968, before the High Court of West Pakistan, Karachi Bench which was dismissed on the 16th March 1970.

2. The petitioner seeks permission to file an appeal against the said order.

3. In support of the petition, Mr. Fakhruddin G. Ibrahim, learned counsel for the petitioner, has contended that the property in dispute belongs to the petitioner and, therefore, respon--dent No. 1 has not acquired any right or title in it. The learned counsel, however, did not dispute that the land in dispute was allotted to the respondent No. 1 by the Deputy Commissioner and he has raised construction over it. In these circumstances, it is not possible for us to hold that the learned District Judge has exercised the discretion vested in him improperly. There is no force in the petition which is dismissed.

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