MUHAMMAD MUNIR vs FAIZ BAKHSH And Other
This matter concerns a petition for leave to appeal against an order of the Lahore High Court, Bahawalpur Bench, which had allowed a regular second appeal and restored a trial court's decree in a suit for perpetual injunction. The respondents had originally filed the suit to restrain the petitioner from interfering with their proprietary rights in land purchased from a third party. While the trial court initially decreed the suit in favor of the respondents, the District Judge subsequently allowed the petitioner's appeal. The High Court, however, reversed the District Judge's decision and restored the trial court's decree. The petitioner sought leave to appeal to the Supreme Court, contending that the High Court acted illegally and ignored established legal precedents regarding the adjudication of such disputes. The Supreme Court, finding that the contention raised by the petitioner involved a question of public importance requiring further examination, granted leave to appeal. The Court ordered the provision of security for costs and permitted the parties to file additional documents for the upcoming hearing.
- Does the High Court's reversal of a first appellate court's judgment in a suit for perpetual injunction involve a question of public importance?
- Under what circumstances does the Supreme Court grant leave to appeal against a High Court order in a regular second appeal?
ORDER
1. S. USMAN ALI SHAH, J:---Muhammad Munir petitioner seeks leave to appeal against the order of the Lahore High Court, Bahawalpur Bench, dated 20-10-1985, whereby his R.SA. No.143-71/BWP was dismissed.
2. The respondents/plaintiffs filed a suit for perpetual injunction against the petitioner /defendants restraining them from interfering with their proprietary rights in the disputed land purchased by them from Sher Muhammad defendant No.1 for a sale consideration of Rs.9,000 through a sale- deed executed in their favour. The suit was resisted by the petitioner/defendants and after framing issues, the learned trial Judge recorded the evidence of the parties, decreed the suit of the respondents/plaintiffs vide his order dated 23-4-1968. Appeal of the petitioner/defendants before the District Judge was allowed on 21-10-71. The respondents went in regular second appeal before the Lahore High Court, Bahawalpur Bench. A learned Single Judge of the High Court who heard the R.SA. Allowed the same and the judgment and decree dated 21-10-1971 passed by the District Judge was set aside and restored the judgment and decree dated 23-4-1968 of the Civil Judge in favour of the respondents vide impugned judgment.
3. The learned counsel for the petitioner in support of this petition before us contended that the learned High Court while reversing the judgment passed by the 1st Appellate Court has acted illegally and totally ignored the law laid down by the Supreme Court in "Abdul Razzaq Havaldar v.
4. Sheikh Muhammad Shafi PLD 1962 SC 134. We think the contention raised by the learned counsel involves a question of public importance which needs examination. Leave to appeal is granted.
5. Security for cost in the sum of Rs.5,000.
6. Appeal may be made ready for hearing on the present record-with permission to the parties to file additional documents, if any.