MUHAMMAD SHARIF vs QURBAN ALI SHAH And Other — 1989 MLD 4868

Citation: 1989 MLD 4868

Court: Lahore High Court

Year: 1959

Decision Date: 1959-05-24

Parties: MUHAMMAD SHARIF vs QURBAN ALI SHAH And Other

Headnotes

Case cited as 1989 MLD 4868

Judgment Text

Court Name: Lahore High Court Judge(s): Manzoor Hussain Sial Title: MUHAMMAD SHARIF vs QURBAN ALI SHAH And Other Case No.: Criminal Original No.59/W of 1981 Date of Judgment:1959-05-24 Reported As: 1989 MLD 4868 Result: petition dismissed JUDGMENT JUDGMENT This criminal original arises out of order dated 29-12-1979 passed by this Court in W.P.No.8494 of 1979, whereby the respondents were restrained from disturbing the possession of the petitioner over the disputed premises. 2. The relevant facts, in brief, giving rise to this petition are that Muhammad Sharif petitioner had encroached upon some public place in village Godhpur, District Sialkot. The Anjuman-e-Rafa-e- Aam (hereinafter referred to as "Anjuman") took up the matter with the Martial Law authorities. On demarcation carried out by the Revenue Officer it was found that he had encroached upon the land measuring 20' x 9' and raised wall on it. The same was got demolished by Martial Law authorities. The "Anjuman" thereafter constructed wall thereon. On 28-12-1972, the petitioner along- with 14 others demolished that wall and re-constructed the wall on the encroached area, which led to the registration of case under section 307/324/148/149/440/506 P.P.C. Against them. In the meantime, the petitioner filed Constitutional petition in this Court which was admitted to regular hearing on 26-12-1979 and order for interim injunction was passed on the same day. The writ petition was eventually disposed of on the statement of…

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