Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: NAMEER AHMAD VS Respondent: TEHSILDAR/ASSISTANT COLLECTOR
1988 S C M R 1912
1988 S C M R 1912
Present: Muhammad Afzal Zullah and Javid Iqbal, JJ
NAMEER AHMAD and others‑‑Petitioners versus TEHSILDAR/ASSISTANT COLLECTOR and another‑‑Respondents
Civil Petition No.786 of 1981, decided on 17th July, 1988.
(Against the judgment and order of the Lahore High Court, Lahore, dated the 21st June, 1981 in W.P. No.3071 of 1981).
Constitution of Pakistan (1973)‑‑
‑‑‑Arts.185(3) & 199‑‑Gift‑‑Leave to appeal, grant of‑‑Correctness of impugned judgment‑‑Constitutional jurisdiction of High Court‑‑ Exercise of‑‑Authorities refusing to give effect to a decree about gift, passed in favour of petitioners‑‑Petitioners' Constitutional petition against such refusal failed‑‑Main reason for denial of relief being that Military Authorities had passed restraint and confiscation orders in respect of property involved in dispute during last Martial Law against the donor‑‑Leave to appeal granted to examine correctness of impugned judgment of High Court.
Sh.Izharul Haq, Advocate Supreme Court and Tanvir Ahmad, Advocate‑on‑Record for Petitioners.
Nemo for Respondents.
Date of hearing: 17th July, 1988.
ORDER
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by the plaintiffs side against the refusal of the respondents/ Revenue authorities to give effect to a decree (passed in their favour about a gift) and consequential dismissal by the High Court of their writ petition in this behalf.
The main reason for denial of relief to the petitioners is that Military Authorities had passed restraint and confiscation orders in respect of the property involved in the dispute during the last Martial Law against the donor, Muzaffar Ahmad.
After hearing the learned counsel in support of this petition, we consider it a fit case to examine correctness of the impugned judgment of the High Court. Leave to appeal accordingly is granted.
Security Rs.5,000.
The appeal shall be prepared on the present record with direction to the parties to file all necessary additional documents.
M.I./N‑89/S Leave granted.