Pakistan Case Lawโ† Search
1989 SCMR 1770

BEHRAM HUSSAIN vs ABDUL RASHID SHAH and 4 others

Citation1989 SCMR 1770
CourtSupreme Court of Pakistan
Case No.Civil Petitions for Leave to Appeal Nos. 330-R and 331-R of 1988
Date1989-05-24
Judge(s)Muhammad Afzal Zullah, Syed Usman Ali Shah
ResultPetitions dismissed

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J--Leave to appeal has been sought; against the dismissal by the High Court, of petitioner's two Civil Revisions. They had arisen out of his failure in the general jurisdiction of the Civil Court in a matter which had earlier been decided by the High Court in its Writ jurisdiction. The subject-matter of dispute is transfer of property under the Settlement Laws relating to the displaced persons.

2. The learned Judge in the High Court after having examined in detail the pleas in the settlement case concluded on merits, in its writ jurisdiction, came to the conclusion that the proceedings before the Civil Court involving the same subject-matter were barred by res judicata. Reliance was placed on several decisions of the superior Courts including the Supreme Court. We having heard the learned counsel in support of these petitions and having examined the reasoning of the High Court, are satisfied that the principle of res judicata has rightly been applied.

3. ' That being so, leave to appeal is refused.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch