NEMAT ALI and another vs Malik HABIB ULLAH and others

ORDER

' TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 6-8-1999 whereby a learned Single Judge of the Lahore High Court, Lahore, accepted Civil Revision No,1203 of 1999 filed by respondent No,1 and remitted the case to the learned trial Court with a direction to decide the suit within six months.

2. The facts briefly narrated for the disposal of this petition are that the petitioners moved an application before the Additional Deputy Commissioner/Collector, Lahore, for the review of Mutations bearing Nos.1599 and 1940 whereby agricultural land was purchased by respondent No,1.

On the said application an order was passed by the Collector directing the Tehsildar for its disposal as per law. The respondent filed a suit for declaration as well as permanent injunction on 30-6-1997 respecting the assumption of jurisdiction by the Collector being illegal and void. The petitioners controverted the stance taken by the respondent and moved an application for the rejection of plaint under Order VII, rule 11, C.P.C. The learned trial Court through its order dated 12-3-1998 rejected the plaint. An appeal was filed assailing the above order, which too was dismissed by the learned Additional District Judge, Lahore, through his judgment dated 29-6-1999. The respondent filed aforesaid civil revision before the Lahore High Court, Lahore, which has been accepted by a learned Single Judge through his judgment dated 6-8-1999 and the case, as already stated in the opening paragraph, stands remitted to the trial Court. Hence, this petition for leave to appeal.

3. We have considered the contentions advanced by the learned counsel for the parties and have gone through the documents appended with this petition with their assistance. It is reflected from the perusal thereof that the petitioners wanted change of long standing entries in the Revenue Record in a summary manner by the Collector. The' rights of the parties as agitated by both the sides are to be determined qua the property under dispute by giving them fair opportunity to adduce their evidence. Admittedly, in the present case these factual controversies can only be resolved by the Civil Court which has got the plenary jurisdiction. Even otherwise, we have noticed that this litigation started in the year 1997 and the learned Single Judge of the Lahore High Court gave a specific direction for the disposal of the matter to the trial Court within six months. This petition remained pending before this Court for about four years.

4. Taking stock of all the aforesaid features of the case into consideration, we do not find any justification to interfere with the well-reasoned judgment of the learned Single Judge of the Lahore High Court.

' The instant petition is accordingly dismissed and . The interim order dated 26-8-1999 of this Court is hereby recalled.