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1989 SCMR 2021

THAL DEVELOPMENT AUTHORITY vs MAULA BAKHSH through L.Rs, and others

Citation1989 SCMR 2021
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 143 and 250 of 1981
Date1988-07-12
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultLeave granted

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--These two petitions for leave to appeal are directed against two separate judgments of the Lahore High Court; but, they arise out of similar circumstances.

2. ' The respondent in C.P.143/1981 and the petitioners in C.P.250/81 were sold land by the Thal Development Authority. The sale in both the cases was subsequently cancelled on account of contravention of the conditions of sale including the non-payment of the sale price.

3. ' Maula Bakhsh, deceased (Respondent in C.P.143/81) filed a suit, obtained a decree against the Thal Development Authority and succeeded upto the High Court where a Civil Revision of the Thal Development Authority was dismissed. It has now sought leave to appeal in that case.

4. ' In the other petition (C.P.250/81) Maqbool Ahmad and Ghulam Muhammad, petitioners lost before the departmental authorities upto the Board of Revenue. They filed a writ petition in the High Court which having been dismissed, leave to appeal has now been sought by them.

5. After hearing the learned Additional Advocate-General for the Authority in C.P.143/81 and the learned counsel for the petitioners in C.P.250/81 at some length, we feel that there are some features common to both the petitions; and the High Court's judgments would have to be reconciled either by accepting the point of view of the Thal Development Authority or of the other side. We accordingly grant leave to appeal in both the petitions.

6. ' Security only in C.P.250/81 for costs is fixed at Rs,2,000.

7. ' Both the appeals shall be prepared on the present record with direction to the parties to file all necessary additional documents.

8. ' The stay order passed in C.P.250/81 shall continue.

9. ' The effect of deposit made by the petitioners in C.P.250/81 under the direction of the High Court, shall be examined at the time of final hearing of the appeals.

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