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Petitioner: GHULAM RASOOL VS Respondent: HURMAT
1991 S C M R 1495
1991 S C M R 1495
Present: Muhammad Afzal Zullah and S. Usman Ali Shah, JJ
GHULAM RASOOL and another‑‑‑Petitioners
versus
HURMAT‑‑‑Respondents
Civil Petition for Leave to Appeal No. 63 of 1986, decided on 11th June, 1989.
(On appeal from the order of the Lahore High Court dated 28‑10‑1985 in Civil Revision No. 2065‑D of 1985).
Transfer of Property Act (IV of 1882)‑‑‑
‑‑‑‑S. 53‑A‑‑‑Constf~ution of Pakistan (1973), Art. 185(3)‑‑‑Leave to appeal was granted to examine whether petitioner's pleas based on S.53‑A of the Act and regarding the effect of decision given in his favour in an earlier suit, were rightly rejected by High Court on the assumption that such pleas were not raised by him earlier and even if not raised or pressed earlier whether such pleas should not have been decided by High Court on merits in the circumstances of the case.
M. Anwar Sipra, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners.
Nemo for Respondent.
Date of hearing: 11th June, 1989.
ORDER
MUHAMMAD AFZAL ZULLAH, J.‑‑‑Leave to appeal has been sought by the defendant side in a suit for declaration and permanent injunction; against the dismissal by the High Court, of their Civil Revision.
No doubt 'the petitioners have lost throughout but after hearing the learned counsel we consider it a fit case to examine; whether, the petitioners pleas raised ‑ (i), based on section 53‑A of the Transfer of Property Act; and (ii), regarding the effect of the decision in petitioners' favour given in an earlier suit, were rightly rejected by the High Court on the assumption that they were not earlier raised and/or pressed. And further, even if so; whether, the points raised in the High Court should not have been decided on their merits in the circumstances of this case, would require examination. Leave to appeal, accordingly, is granted.
Security Rs.5,000.
The appeal shall be prepared on present record with direction to file all essential documents.
H.B.T./G‑223/S Leave granted.