Pakistan Case Lawโ† Search
1991 SCMR 465

LAEEQ AHMAD And Another vs MAQSOOD AHMAD And Another

Citation1991 SCMR 465
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 579 of 1986 W.P. No. 362-R of
Date1990-01-23
Judge(s)Nasim Hasan Shah, Syed Usman Ali Shah
ResultPetition dismissed

ORDER

1. S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioners against the judgment of the Lahore High Court dated 15-2-1986, by which the writ petition of the respondent No.1 was accepted.

2. Maqsood Ahmad respondent No.1 being in possession of the disputed plot bearing Khasra No.1158- min, situate at Ramgarh, Lahore, raised construction 1~ereupon prior to 20-11-1958. He filed form for its transfer in 1959 which lost in the office, thereafter he filed another form on 13-5-1971 in the office of the D.S.C. For its transfer. The D.SC. Vide his order dated 17-2-1973 transferred the disputed site to the respondent N6.1 and after payment of the transfer fee the P.T.D. Was issued to him on 30-5- 1973. On the application of the petitioners before the M.B.R. (C&R) Wing Punjab claiming that the disputed site was purchased by them in open auction, the D.S.C. Re-opened the matter and cancelled the said site from the name of the respondent No.1 on 7-3-1978. Writ petition of the respondent No.1 against the said order was filed before the Lahore High Court and the learned Single Judge while accepting the writ petition of Maqsood Ahmad respondent concluded as under:-- "I am of the view that instead of cancelling the P.T.D. In favour of the petitioner, the D.S.C. Should have directed Aqeel Ahmed and Laeeq Ahmed respondents to file suit before the Civil Court because after the issuance of the P.T.D. He had no authority to cancel the same, more particularly, when. There were no allegations of fraud against the petitioner."

3. After hearing the learned counsel for the parties and having gone through the impugned finding of the learned High Court, we have come to the conclusion that there is no fault or legal infirmity in the well-reasoned judgment of the learned Single Judge. Therefore, we dismiss this petition for leave to appeal, with the observation that the departments are left with no authority to cancel the P.T.D. And it is the Civil Court to decide the dispute between the parties.

Cited by 2 cases

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