ABDUL GHANI vs ABDUL AZIZ
This civil revision petition arises out of concurrent findings of the lower courts dismissing the petitioner's suit for possession regarding land measuring 2 Kanals comprising Killa No. 25. The petitioner claimed ownership based on a 1964 sale-deed and a previous 1976 decree, whereas the respondent relied on allotment proceedings by the Settlement Department culminating in a High Court judgment dated 10-12-1985 dismissing the petitioner's writ petition regarding the same land. The core legal question was whether the lower courts erred in misreading the evidence and failing to recognize the petitioner's title over the disputed Killa. The Lahore High Court held that the concurrent findings of the lower courts were unexceptionable, as the inter partes judgment of the High Court in the earlier writ petition conclusively settled the matter regarding the allotment of Killa No. 25 in favor of the respondent. The court laid down the principle that civil courts are bound by and cannot ignore final inter partes judgments rendered by the High Court in constitutional jurisdiction concerning the same subject-matter and parties.
- Are civil courts bound by a final inter partes judgment of the High Court regarding the same subject-matter?
- Whether concurrent findings of fact by lower courts can be disturbed in civil revision when based on a valid inter partes adjudication?
- Does an allotment upheld by the Settlement Commissioner and affirmed in constitutional jurisdiction prevail over a prior civil decree rendered ineffective by subsequent administrative re-allotment?
On 3-5-1992 the petitioner tiled a suit against the respondent. It was stated that land measuring 2 Kanals bearing Killa No,25 in Square No,44 was purchased by the petitioner from one Mst. Zohra Khanum vide registered sale-deed dated 20-10-1964; that he was dispossessed in the year 1966- 1967. He filed a suit for possession which was decreed on 13-12-1976, and the decree was executed.
Thereafter, it is stated that the petitioner was given Killas Nos, 14, 17, 19 and 22 while the respondent was given Killas Nos,6, 15,16 and 25 by the Settlement Department in the said Square Number that the petitioner tiled proceedings against the said allotment in favour of the respondent but he failed and then he filed a writ petition which was dismissed on 10-12-1985; that on the basis of the said decision the respondent got Mutation No,613 attested on 31-12-1987 with the result that the said land measuring 2 Kanals has gone to the lot of respondent. The suit was resisted. Issues were framed. Evidence of the parties was recorded. The learned trial Court vide judgment and decree dated 14-2-1994 dismissed the suit while a first appeal tiled by the petitioner was dismissed by the learned District Judge, Okara on 20-11-1994.
2. Learned counsel contends that the respondent had been allotted only a portion measuring 5 Kanals, 7 Marlas of Killa No,25 and that the area of 2 Kanals i,e, Killa No,25/1 was not transferred to the respondent. According to the learned counsel evidence on record has been misread by the learned Courts below. No one turned up for the respondent.
3. I have gone through the records. Having examined the records with the assistance of the learned counsel, I find the said contention to be wholly without force. It stands admitted in the plaint itself that the parties were contesting for allotment of the said land including Khasra No,25. It was vide order dated 16-3-1961 that the Additional Rehabilitation Commissioner found that the respondent is entitled to hold, inter alia. Killa No,25 which he is holding since 22-1-1952. Ultimately after a long drawn litigation including remands the Settlement Commissioner upheld the said order on 18-12- 1976. Against this order the respondent tiled W.P. No,574-R of 1977. This writ petition was dismissed by this Court on 10-12-1985. According to the learned counsel the said judgment was not challenged any further. Now this judgment was given in a writ petition regarding the land comprising Killa No,25 and between the present. parties. Learned Courts below cannot be said to have committed any error while following the said inter partes judgment of this Court, the subject- matter whereof was the suit-land. The civil revision accordingly is dismissed leaving the parties to bear their own costs.