ALLAH YAR Versus S.J. AND OTHERS Ashiq Hussain Malik , Mehr Ghulam Ali Mubashar
ORDER
1. In brief the facts of this case are that on 29‑9‑1986 A.S.I. Muhammad Akram of C.I.A. Staff, Jhang, took into possession a mare from the possession of Gul Muhammad son of Pehalwan caste Sial resident of Chak No. 745 G . B. , District Toba Tek Singh under section 550, Cr.P.C. suspecting the same to be a stolen property.
2. Allah Yar petitioner on coming to know of the recovery of this mare, appeared before the police and claimed the mare as belonging to him. The matter was still under consideration with the 'police when Lai Khan son of Allah Yar, Caste Chauner of Chak No. 260 G.B. Respondent No. 3 challenged the claim of Allah Yar petitioner. He claimed that mare,‑ was owned by him and that he had entrusted the same to his tenant Gul ,Nluhammad (respondent No. 4). The dispute between the parties was referred to Ghulam Farid respondent No. 6. The mare was given on Spurdari to Ghulam Farid under orders of Resident Magistrate Pir Mahal on the recommendation of the police till final decision of the dispute between the contention. Ghulam Farid on 18‑10‑1986 opined that the mare belonged to Allah Yar son of Rajab (petitioner). The learned Resident Magistrate Pir Mahal on 22‑10‑1986 after getting fresh report from the police directed that the mare be handed over to the owner after getting the same from Sapurdar. The Inspector Police had reported that prima facie Lal Khan son of Allah Yar (respondent No. 3) was owner of the mare and that he had kept the mare with his tenant Gul Muhammad (respondent No. 4). It may here be stated that Allah Yar son of Rajab (petitioner) on 14‑10‑1986 filed a suit in the Court of Senior Civil Judge, Toba Tek Singh seeking a declaration that he was owner of the mare in dispute. The said suit is still pending in civil Court.
2. I have heard the learned counsel appearing for the parties and have gone through various documents which form part of this file. I have also examined the police file produced in Court by A.S.I. Muhammad Akram. It is not disputed between the parties that the mare was taken in possession from Gul Muhammad respondent No. 4 under section 550, Cr.P.C. No case regarding the theft of this mare has been registered till today at the instance of any person including the parties of this petition. The mare, therefore, was rightly ordered to be delivered back to Gul Muhammad respondent No. 4 by the Resident Magistrate Pir Mahal. Allah Yar petitioner, as stated above, has already filed a civil suit claiming owernship of the disputed mare. I, therefore, need not make any observation regarding the ownership of this mare which will of course be decided by the Civil Court after recording evidence of the parties.
3. In view of the above discussion I find no merit in this constitutional petition which is accordingly dismissed. I have been informed by the learned counsel for respondents at the bar that Rai Ghulam Farid is not complying with the order of Resident Magistrate dated 22‑10‑1986 and is avoiding handing over the mare to the owner. Rai Ghulam Farid respondent No. 6 is directed to hand over the mare alongwith foal to Gul Muhammad respondent No. 4, within 1 days of this order.
4. S.G.D/A‑236/L Order accordingly.