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Initializing Secure Chambers
Petitioner: BEHRAM HUSSAIN VS Respondent: ABDUL RASHID SHAH and 4 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: BEHRAM HUSSAIN vs ABDUL RASHID SHAH and 4 others Case No.: Civil Petitions for Leave to Appeal Nos. 330-R and 331-R of 1988 Date of Judgment:1989-05-24 Reported As: 1989 SCMR 1770 Result: Petitions dismissed
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J--Leave to appeal has been sought; against the dismissal by the High Court, of petitioner's two Civil Revisions. They had arisen out of his failure in the general jurisdiction of the Civil Court in a matter which had earlier been decided by the High Court in its Writ jurisdiction. The subject-matter of dispute is transfer of property under the Settlement Laws relating to the displaced persons. The learned Judge in the High Court after having examined in detail the pleas in the settlement case concluded on merits, in its writ jurisdiction, came to the conclusion that the proceedings before the Civil Court involving the same subject-matter were barred by res judicata. Reliance was placed on several decisions of the superior Courts including the Supreme Court. We having heard the learned counsel in support of these petitions and having examined the reasoning of the High Court, are satisfied that the principle of res judicata has rightly been applied. ' That being so, leave to appeal is refused.