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1985 SCMR 915

Mst. SULTANA BEGUM And Another vs The ADDITIONAL DEPUTY

Citation1985 SCMR 915
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 741 and 1429 of 1980
Date1984-04-04
Judge(s)Muhammad Afzal Zullah, M. S. H. Qureshi
ResultLeave granted

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.--After hearing all the learned counsel we consider it a fit case to examine inter alias-- What is the effect of the previous Supreme Court judgment on the respective pleas of the contesting parties: Assuming, as the High Court did that notwithstanding the doubts about the orders of confirmation of allotment in favour of Mst. Sultana Begum petitioner the proposal could be deemed to have been confirmed in due course, whether it could be treated as void, invalid or in any way illegal on any ground including lack of notice to the other party, whose claim was based on allotment which was in fact bogus: Whether the writ petitioner in the High Court had the locus standi to file Constitutional petition and whether the High Court should, in its discretionary jurisdiction have allowed relief to the writ petitioners.

2. Whether Mst. Sultana Begum could not be treated as in possession constructive or otherwise for purpose of the same relief which the High Court allowed to the other party; and Whether the latter were not entitled to the same on the basis of the Supreme Court judgment.

3. Order accordingly.

4. Security Re. 2,500 each.

2. No alienation of the property in dispute nor any change in its character or status. Security by persons in possession for. Mesne profits from date of High Court judgment to the satisfaction of local Tehsildar.

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