Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Messrs ANWAR INDUSTRY LTD. VS Respondent: Mst. REHMAT BIBI And Other
Court Name: Supreme Court of Pakistan Judge(s):Nasim Hasan Shah, Muhammad Afzal Zullah, Muhammad Haleem, Shafi-
ur-Rehman Title: Messrs ANWAR INDUSTRY LTD. vs Mst. REHMAT BIBI And Other Case No.: Civil Petition No. 41 of 1985 L.P.A. No. 1375 of 1966 C.M. No. 3314 of 1983 Date of Judgment:1986-06-24 Reported As: 1986 SCMR 1435 Result: Petition allowed Judgment ORDER MUHAMMAD HALEEM, C.J.--Leave to appeal is granted to consider the following questions: (a) Whether Mst. Rehmat Bibi after having sold the land measuring 20 Kanals and 12 Marlas during the pendency of the writ petition had any right left in her to compromise and withdraw the Letters Patent Appeal so as to affect the rights of the bona fide purchaser, namely, the appellant as a result of the collusion between herself and the respondents; (b) Whether it was obligatory on the High Court to hold an inquiry under section 12(2) of the Code of Civil Procedure in the context of the aforesaid collusion having been brought to its notice on the law laid down by this Court in Mst. Safia Bibi v. Mst. Aisha Bibi 1982 SCMR 494; and (c) Whether section 52 of the Transfer of Property Act had any application at the appellate stage in view of the aforesaid collusive nature of the proceedings? Security for costs Rs.2,500. The interim order is confirmed with the further direction that the appellant shall not make any additional construction till the disposal of the appeal. To be heard on the present record at an early date with liberty to the parties to file additional documents, if any.