Mst. AZIZ BEBUM And 4 Others vs MUHAMMAD SIDDIQUI
This matter concerns a petition for leave to appeal against a judgment of the High Court, which had accepted the respondent's Regular Second Appeal arising from a suit previously decreed in favor of the petitioners by the District Court. The Supreme Court granted leave to appeal to resolve a conflict between two statutory provisions: Section 51 of the Transfer of Property Act, 1882, and Section 2 of the Mesne Profits and Improvements Act, 1855. Additionally, the Court identified a procedural issue regarding the competency of the present petition, specifically whether the petitioners were required to file a direct appeal instead, and if so, whether such an appeal would be time-barred. The Court held that these legal questions regarding statutory conflict and procedural competency required further examination. Consequently, leave to appeal was granted, with directions for the parties to maintain the status quo regarding the property in dispute and to prepare the appeal on the existing record.
- Is there a legal conflict between Section 51 of the Transfer of Property Act, 1882 and Section 2 of the Mesne Profits and Improvements Act, 1855?
- Does the filing of a petition for leave to appeal instead of a direct appeal render the proceedings incompetent?
- If a direct appeal is required but not filed, must the subsequent appeal be treated as time-barred?
- Section 51, Transfer of Property Act 1882
- Section 2, Mesne Profits and Improvements Act 1855
ORDER
1. MUHAMMAD AFZAL ZULLAH, CJ. ---Leave to appeal has been sought, against the acceptance by the High Court, of respondents' Regular Second Appeal. It had arisen out of acceptance of the petitioner's appeal by the District Court as a result of which their suit against the respondent was decreed.
2. The opposite party; namely, respondent having filed a direct appeal (CA. 132 of 1989) against the same judgment which is impugned in this petition and is pending, we after hearing the learned counsel, consider this also a fit case for grant of leave to appeal, inter alia, to examine the conflict of legal provisions of two Statutes involved in this case. One: Section 51 of the Transfer of Property Act, 1882 and the other section 2 of the Mesne Profits and Improvements Act, 1855.
3. An objection having been raised from the respondent's side on the competency of the present petition it would also require examination: whether the petitioners should not have filed a direct appeal. If so, the further objection of the learned counsel for the respondent is that the said appeal would have to be treated as time-barred. Accordingly, this controversy and its effect will also have to be examined. Leave to appeal is granted.
4. Security Rs. 5,000.
5. The appeal shall be prepared on present record with direction to the parties to file all those documents which shall be necessary for disposal thereof.
6. No alienation by either side nor the change of character of the property.