MUNICIPAL COMMITTEE, JHELUM vs Maulvi MUHAMMAD SHAFI — 1971 SCMR 740

Citation: 1971 SCMR 740

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MUNICIPAL COMMITTEE, JHELUM vs Maulvi MUHAMMAD SHAFI

Headnotes

Case cited as 1971 SCMR 740

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan Title: MUNICIPAL COMMITTEE, JHELUM vs Maulvi MUHAMMAD SHAFI Case No.:Civil Petition for Special Leave to Appeal No. 158 of 1971 Civil Revision No. 677 JUDGMENT Reported As: 1971 SCMR 740 Result: Order accordingly Judgment JUDGMENT SAJJAD AHMAD, J.-In the year 1938, the Provincial Government transferred to the Municipal Committee, Jhelum, land measuring 30 acres and 7 kanals situated on the Grand Trunk Road between milestone No. 103 to milestone No. 105. This area was formerly a part of the Grand Trunk Road, running through the town of Jhelum but had ceased to be so on account of the diversion of the road to a point outside the town of Jhelum. The Municipal Committee has planned to put up a multi-storeyed commercial building on this site, which, according to its case, includes 7 marlas of land comprised in Khasra No. 174, but which the respondent, Maulvi Muhammad Shafi, claims to be his property under a Permanent Transfer Deed dated the 12th of June 1969 from the Settlement Department. To restrain the Municipal Committee from constructing on this piece of land, Maulvi Muhammad Shafi fled a suit in the Court of the Administrative Civil Judge, Jhelum, on the 25th of July 1969, for a permanent injunction, and also sought an interim relief under Order XXXIX, rule 2, read with section 151 of the Code of Civil Procedure, to prohibit the Municipal Committee from interfering with the status quo…

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