Mst. JENNA T KHATOON vs MOHAMMAD ISMAIL AND Other
This matter concerns a petition filed under Article 9 of the High Courts (Establishment) Order, 1970, seeking the transfer of a pending Civil Miscellaneous Appeal from the High Court of Sind & Baluchistan, Karachi, to the Lahore High Court. The petitioner, who had initiated a pre-emption suit regarding agricultural land, argued that because the territory where the land is situated was transferred from the jurisdiction of the former Province of West Pakistan to the Province of Punjab following the dissolution of the former province, the appeal should be transferred to the Lahore High Court to facilitate the application of Punjab pre-emption laws. The core legal question was whether the transfer of territorial jurisdiction necessitated the transfer of a pending appeal to a different High Court. The Supreme Court dismissed the petition, holding that the mere change in territorial jurisdiction did not warrant the transfer of the pending appeal. The Court reasoned that the petitioner could effectively raise arguments regarding the applicability of Punjab pre-emption laws before the High Court of Sind & Baluchistan, which remained the competent forum to adjudicate the pending appeal.
- Does the transfer of territory from one province to another automatically necessitate the transfer of a pending appeal from one High Court to another?
- Can a High Court adjudicate a case involving the pre-emption laws of a different province if the land in dispute is situated within its territorial jurisdiction?
- Article 9, High Courts (Establishment) Order 1970
ORDER
1. WAHEEDUDDIN AHMAD, J.--This is an application under sec--petition 9 of the High Courts (Establishment) Order of 1970, for transfer of Civil Misc. Appeal No. 182 of 1967, from the High Court of Sind & Baluchistan, Karachi, to the Lahore High Court. It has arisen in the following circumstances :- -- The petitioner filed a suit for pre-emption in respect of the' sale-of shares of respondents Nos. 7 to 9 in agricultural land measuring 884 Kanals and 16 Marlas, to respondents Nos. 1 to 6. The respondents Nos. 1 to 6 raised an objection that as the village of Sardarpur where the lands are situated had been trans--feered to Taluka Ubaoro in the District of Sukkur the Administra--tive Civil Judge of Rahimyar Khan had no jurisdiction in the matter. The learned Sub-Judge returned the plaint on the 24th May 1962, and thereafter, the petitioner presented the plaint in the Court of Civil Judge, 1st Class, Sukkur, on the 25th May 1962. The suit was decreed by the trial Court and the petitioner was directed to deposit a sum of Rs. 15,100 which was deposited by her. The decree was challenged in the District Court, Sukkur and the learned Additional District Judge, on the 2nd October 1967, accepted the appeal and remanded the suit to the lower Court with certain directions. The petitioner filed an appeal against this order in the former High Court of West Pakistan, Karachi Bench, and the same is still pending.
2. On the dissolution of Province of West Pakistan on the 1st July 1970, the territory in which the village Sardarpur is situated has again been transferred to the Province of Punjab. The petitioner has, therefore, moved this application praying that the appeal pending in the High Court of Sind and Baluchistan, Karachi, be transferred to the Lahore High Court for disposal.
3. After hearing the learned counsel for the petitioner we are satisfied that this is not fit case for transfer from Karachi to Lahore High Court. The contention of the petitioner that she can claim Punjab Pre-emption in support of her plea before the Lahore High Court and not before the High Court of Sind &. Baluchistan, Karachi, has no force. In our opinion, it is open to the petitioner to raise this plea even before the High Court of Sind & Baluchistan. She must, therefore, seek her remedy, before that High Court. No ground has been made out to transfer the case from the High Court of Sind & Baluchistan to Lahore High Court. The petition is dismissed.