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Petitioner: SHAH ZAMAN And Others VS Respondent: MUHAMMAD AZAM And Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain, Abdul Qadir Sheikh, S. A. Nusrat Title: SHAH ZAMAN And Others vs MUHAMMAD AZAM And Other Case No.:Civil Petitions Nos. 206-R , 207-R of 1985, 208-R of 1985 and 209-R of 1985,
Writ Petitions Nos. 49-R of 1983 Date of Judgment:1985-10-22 Reported As: 1986 SCMR 471 Result: Leave granted Judgment ORDER NASIM HASAN SHAH, J.--This order will dispose of Civil Petition No. 206-R of 1985, Civil Petition No. 207-R of 1985, Civil Petition No. 208-R of 1985 and Civil Petition No. 209-R of 1985, as the question raised in all these petitions is the same. The High Court allowed withdrawal of the writ petitions with right to file civil suits to each of the contesting respondents to vindicate their civil rights in the property. While allowing them to do so it observed that the civil suit when filed will be decided on its "own merits". It is urged that as the petitioners were given permanent, entitlement of the land, the civil Courts would have no jurisdiction to entertain the suits and the observation made by the High Court that the civil suit should be decided on "merits" would prevent it from,,% holding that it has no jurisdiction in the matter and it is bound to decide the case on merits. The submission has some force. Leave to appeal is allowed in all the abovementioned four petitions. Security in the sum of Rs.500 in each case. In the meanwhile, the suits filed by the respondents may proceed but it will be open to the petitioners to raise all the legal pleas open to them in their defence including the plea that the Court has no jurisdiction to entertain the suit. However, no final decision will be taken by the civil Court during the pendency of the appeals in this Court. The above appeals shall be posted for hearing on a very early date, on the present record, with liberty to the parties to add further documents, if any.