THE STATE vs Mian FAZAL ELAHI — 1963 PLD 20

Citation: 1963 PLD 20

Court: Lahore High Court

Year: 1969

Decision Date: 1969-05-12

Parties: THE STATE vs Mian FAZAL ELAHI

Headnotes

Case cited as PLD 1963 Lah. 20

Judgment Text

Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq, A. R. Sheikh Title: THE STATE vs Mian FAZAL ELAHI Case No.: Criminal Miscellaneous No. 1304 of 1968 Date of Judgment:1969-05-12 Reported As: PLD 1970 Lahore 383 Result: H. JUDGMENT JUDGMENT A. R. SHEIKH, J.-While disposing of Writ Petition No. 379-R of 1967 filed by Mian Fazal Elahi (hereinafter called the respondent) against the Settlement Department and others in respect of premises 26-Empress Road, Lahore, the Court found that the claim of the petitioner that he entered the property in question in July 1958 was completely dishonest and untruthful and that he had no locus stand! Whatsoever to ask for the transfer of the property on that basis. It was further observed that it was said that counsel had been misled by the respondent to present a false claim in this Court. We accordingly directed that a notice to show cause why he should not be prosecuted under section 193 of the Pakistan Penal Code be issued to the respondent with reference to his own documents which showed that he obtained possession, if at all in 1962. In response to this notice, the respondent has appeared before this Court and has filed his written statement, in which a preliminary objection was raised saying that since a petition for special leave to appeal against the order dated -the 19th of March 1968, from which the present proceedings have arisen, had been instituted in the Supreme Court, it will be in the interest of justice, that the…

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