SIRAJ UD DIN GHULAM SARWAR Qazi MOHAMMAD DIN vs Haji KARAM KHAN — 1970 SCMR 339

Citation: 1970 SCMR 339

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-09

Parties: SIRAJ UD DIN GHULAM SARWAR Qazi MOHAMMAD DIN vs Haji KARAM KHAN (REPRESENTED BY HEIRS) AND 15 Other RAHIM BAKHSH AND Other

Headnotes

Case cited as 1970 SCMR 339

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title:SIRAJ UD DIN GHULAM SARWAR Qazi MOHAMMAD DIN vs Haji KARAM KHAN (REPRESENTED BY HEIRS) AND 15 Other RAHIM BAKHSH AND Other Case No.:Civil Petitions for Special Leave to Appeals Nos. 214 to 219 of 1969 C. Ps. S. L. A. Nos. 214 to 219 of 1969 C. P. S. L. A. No. 214 of 1969 Date of Judgment:1969-12-09 Reported As: 1970 SCMR 339 Result: Petitions dismissed Judgment ORDER MUHAMMAD YAQUB ALI, J.-These petitions arise out of six separate suits filed by Haji Karam Khan and Haji Mannu Khan, since deceased, and his son Rasul Bakhsh to pre-empt the sale of certain agricultural land in favour of Siraj Din, Ghulam Sarwar and Qazi Mohkamud Din, petitioners. The suits were resisted by the latter inter alia on the ground that the land pur--chased by them being evacuee property, the civil Court did not have the jurisdiction to pass any decree in respect of it. The Civil Judge, Dera Ghazi Khan, allowed the objection and rejected the plaintiffs' suit under Order VII, rule 11, C. P. C. The plaintiffs thereupon filed appeals in the Court of the District Judge, Dera Ghazi Khan, who set aside the order of the trial Judge on the view that the evacuee lands having been acquired under section 4 of the Land Settlement Act by the Central Government were no longer subject to the bar contained in section 25 of the Land Settlement Act. The suits were thereupon remanded to the trial Court to…

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