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1991 SCMR 1943

Mst. SHAHNAZ BEGUM vs Mst. ZULAIKHA BIBI And 5 Other

Citation1991 SCMR 1943
CourtSupreme Court of Pakistan
Case No.Civil Petition For Leave to Appeal No.408-R- of 1989
Date1991-03-19
Judge(s)Ajmal Mian, Rustam S. Sidhwa
ResultPetition dismissed

RUSTAM S. SIDHWA, J.---Mst. Shahnaz Begum seeks leave to appeal against the judgment of the Lahore High Court, Rawalpindi Bench, dated 3-4-1989, dismissing her revision petition against the judgment of a learned Additional District Judge of Rawalpindi dated 2-4-1984, who affirmed the order of a learned Civil Judge of Rawalpindi dated 11-5-1981 rejecting the petitioner's plaint.

2. The learned counsel for the petitioner submits that since there was a dispute as regards whether 5 Kanals and 4 Marlas of land which was allotted to Mst. Zulaikha Bibi respondent No.1 as agricultural land in lieu of her verified claim, could be so allotted to her, as the same, with a large parcel of land, had already been allotted to Chaudhry Muhammad Abdullah, petitioner's uncle, on an industrial basis, the petitioner filed a suit for the said matter to be sorted out, but the plaint was illegally rejected by the Civil Judge and which decision has teen maintained by the two higher Courts. It is submitted that the facts stated in the plaint did not entitle the plaint to be rejected in that summary manner.

3. All the three Courts have in some detail discussed this matter and given their cogent findings.

The plaint was rightly rejected. Even otherwise Chaudhry Muhammad Abdullah, predecessor-in- interest of the petitioner, had already 1 exhausted his remedies before the Settlement and Rehabilitation Authorities against the transfer of the disputed land made in favour of Mst. Zulaikha Bibi, respondent No.1. In these circumstances, no interference is called for. This petition is therefore, dismissed.

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