MUHAMMAD BOOTA AND 12 Others vs Ch. FAIZ MUHAMMAD AND 8 Other — 1970 SCMR 592

Citation: 1970 SCMR 592

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-29

Parties: MUHAMMAD BOOTA AND 12 Others vs Ch. FAIZ MUHAMMAD AND 8 Other

Headnotes

Case cited as 1970 SCMR 592

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: MUHAMMAD BOOTA AND 12 Others vs Ch. FAIZ MUHAMMAD AND 8 Other Case No.:Criminal Petition for Special Leave to Appeal No. 306 of 1969 Cr. Ref. No. 116 of 1968 Date of Judgment:1970-01-29 Reported As: 1970 SCMR 592 Result: Petition dismissed Judgment ORDER MUHAMMAD YAQUB ALI, J.-Faiz Mohammad, respondent, moved an application under section 145 of the Code of Criminal Procedure in the Court of the Additional District Magistrate, Rahimyar Khan, on the assertion that he was wrongly dispossessed of two squares of land by the petitioners herein. A protracted inquiry was held and eventually an order in his favour was passed on 27-11-1962 declaring that he had been illegally dispossessed by the petitioners and that he was entitled to recover possession. Thereafter the respondent No. 1 moved successive applications for implementation of the order of the 27th November 1962, but without any success. In the meantime, the petitioners filed a civil suit and obtained an injunction on appeal from the Court of the District Judge which was eventually vacated by the High Court. However, the Additional District Magistrate, when moved again by the respondent No. 1 for delivery of possession, dismissed the application for the reason that the order dated the 27th November 1962, was only declaratory and the identity of the land was not specified in it. On hearing learned counsel we find no reason to…

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