GHULAM RASOOL Versus MUHAMMAD SHARIF

ORDER

IFTIKHAR MUHAMMAD CHAUDHARY, J .------This petition has been filed for leave to appeal against judgment, dated-6th December, 1999 in R. S. A. No. 15 of ,1995 passed by. Lahore High Court, whereby appeal instituted by petitioner has been dismissed.

2. Precisely stating facts of the case are that Muhammad Sharif son of Sardar filed a suit against petitioner (defendant) Ghulam Rasool for declaration and possession. The trial Court after conducting proceedings dismissed the suit on 27-2-1991. The respondent filed appeal in the Court of District Judge from where it was transferred to the file of Additional District Judge. During pendency of appeal parties made statement to the effect that matter be referred to Ch. Iftikhar Ahmad Cheema, District Judge Sargodha for decision as a Referee. Their request was accepted and the matter was referred to Mr. Iftikhar Ahmed Cheema who gave his decision and also appeared in the Court and got recorded his statement on oath. The parties accepted the same and the appeal was disposed of in terms of decision of the Referee vide judgment, dated 14th March, 1995. Petitioner Ghulam Rasool -feeling aggrieved from the order of appellate Court filed an appeal before the High Court which was dismissed vide impugned order.

3. Ch. Mushtaq Ahmed Khan, learned counsel appearing on behalf of petitioner contended that the decision given by Ch. Iftikhar Ahmed Cheema will not be treated as an information under Article 33 of the Qanoon-e- Shahadat Order, 1984 but an arbitration award under section 14 of the Arbitration Act in view of judgment of this Court in the case of Ghulam Farid Khan v. Muhammad Hanif Khan and others (1990 $CMR 763). Contention raised by learned counsel requires consideration as to whether statement made by Ch. Iftikhar Ahmed Cheema will be considered as an information under Article 33 of Qanoon-e-Shahadat Order or in view of his statement which he got recorded in the Court it will be treated as an arbitration award as it has been held by this Court in above judgment. Accordingly leave is granted.

C.M.A.96-L/2000:

Notice to the respondents within a fortnight.

M.B.A./G-5/S Leave granted.