Malik KHADIM HUSSAIN vs Ch. MUHAMMAD SIDDIQUE AND Another
This petition for special leave to appeal is directed against the order of the West Pakistan High Court, Lahore, which dismissed the petitioner's application for the release of a motor car in his favour. The core legal question concerns the custody and release of a vehicle taken into possession by court order during pending proceedings, where rival claims of ownership were raised. The Supreme Court upheld the High Court's decision, holding that when conflicting claims of ownership exist regarding property taken into custody by the court, the proper forum for the adjudication of title and ownership is a civil court of competent jurisdiction rather than summary criminal proceedings. The key principle laid down is that interim custody of disputed property pending litigation does not preclude the claimants from establishing their title through regular civil suits, and criminal courts ought not to usurp civil jurisdiction in determining bona fide ownership disputes.
- Whether a criminal court is the appropriate forum to determine disputed questions of ownership regarding a vehicle taken into possession during judicial proceedings?
- Can a party claim interim release of disputed property when ownership is actively contested by another claimant?
- Is it proper for the High Court to direct parties to approach a civil court of competent jurisdiction for the determination of property ownership?
ORDER
1. WAHIDUDIN AHMAD J.- This petition for special leave to appeal as directed against the order of a learned single judge of the west Pakistan High Court Lahore in Criminal Miscellaneous No. 5898 dated the 30 October 1969, whereby the application of thepetitioner to release Morris Car No.LEE/8172 to him was dismissed.
2. During the pendency of the above proceedings, the above mentioned car was taken into possession by the order of the High Court on the ground that it was purchased with the money be- -longing to Mst. Hasina Begum. It was handed over to Ch. Muhammad Siddique, her father. Ch. Muhammad Siddique also filed Criminal Miscellaneous ' No. 4224 of 1969. While disposing of these petitions, the High Court directed that the car in question shall remain in possession of Ch. Muhammad Siddique till such time as the question of its ownership was decided by a civil Court of competent jurisdiction... This order was passed on the 26th September 1969. It is alleged by the petitioner that he purchased the said car from Feroze Din on the. 27th September 1969, i. e., to say a day after the above mentioned order was passed. Thereafter, he moved Miscellaneous No. 5898 of 1969 for the release of the said car in his favour learned Single Judge of the High Court, by order dated the 30th October 1969, has dismissed his application and has directed him to get the ownership of the car decided by a, civil Court of competent jurisdiction. The petitioner seeks permission to file an appeal against the said order. th