Pakistan Case Law
1990 SCMR 744

GHULAM RASUL and 5 others vs JANNA T BIBI and 11 others

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Citation1990 SCMR 744
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No,29 of 1987
Date1989-10-30
Judge(s)Muhammad Afzal Zullah and S. Usman Ali Shah
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal directed against an order of the High Court, which dismissed the petitioners' civil revision and upheld the appellate judgment of the District Judge setting aside the trial court's decree in favour of the petitioners regarding the disputed property. The core legal question concerns the jurisdiction of civil courts to challenge or correct orders passed by Settlement Authorities which have attained finality under special laws governing property transfers. The Supreme Court held that the civil suit was barred by the provisions of the special law, as the property was transferred and P.T.O. and P.T.D. were issued, rendering the final orders of the Settlement Authorities unchallengeable in civil courts pursuant to section 25 of the relevant Act. Consequently, the petition was dismissed on the ground that the suit was incompetent and the lower appellate and high court orders were correct.

Questions settled in this judgment
  • Do civil courts have jurisdiction to correct orders passed by Settlement Authorities that have attained finality?
  • Is a civil suit barred by provisions of a special law governing the transfer of property after the issuance of P.T.O. and P.T.D.?
  • Whether the High Court correctly upheld the appellate court's dismissal of an incompetent suit regarding settled property?
Laws & provisions referred
  • Section 25, Displaced Persons (Compensation and Rehabilitation) Act 1958
civil revisionsettlement authoritiesjurisdiction of civil courtstransfer of propertyfinality of orders

ORDER

1. ' S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioners against the order of a learned Single Judge of the High Court who vide impugned judgment, dismissed the civil revision filed by the petitioners against the judgment of the District Judge, Faisalabad, who while accepting the appeal filed by the respondents, set aside the order and decree passed by the Civil Judge, Faisalabad in favour of the present petitioners on 7-5-1985, regarding the disputed property, the detailed facts of which are given in the plaint.

2. ' Primarily, the suit was barred by provisions of the special law governing such transfer and thus the suit property transferred to Hakim All and after the issuance of P.T.O. And P.T.D. In his name the last order passed on 24-9-1957 by the Settlement Authorities shall be deemed final. Even under section 25 of the said Act, the Civil Courts have no jurisdiction to correct the orders of the Settlement Authority which ended in finality. The suit of the plaintiffs/petitioners was incompetent and therefore, the order passed by the appellate Court has rightly been upheld by the High Court. The petition has no merit and is accordingly dismissed.

Cited by 7 cases

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