Guhulam Qadir
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IN THE COURT OF DISTRICT JUDGE, MULTAN.
1.
Gulam Qadir (deceased) son of Khuda Bakhsh, caste Jat Nonari, residents of Mauza Jungle Ammer Hussain, Tehsil Shujabad, District Multan, represented by his legal heirs: -
1-A. Malik Allah Wasaya--son 1-B. Mst. Allah Wasai--daughter 2.
Ghulam Sarwar
sons of Khuda Bakhsh, caste Jat
3.
Ghulam Hussain
Nonari, residents of Mauza Jungle
4.
Ghulam Rasool
Ameer Hussain, Tehsil Shujabad, District Multan.
5.
Allah Ditta
sons
6.
Allah Bachaya
Mst. Jindan Mai, caste
7.
Mst. Hayat Bibi
Jat Nonari, residents of
8.
Mst. Bhiranwan Bibi
Mauza Jungle Ameer
9.
Mst. Aisha Bibi
10.
Mst. Nazir Bibi
Muhammad Hussain &
daughters
Hussain Tehsil Shuja Abad, District Multan. ……Appellants
VERSUS 1.
Abdul Aziz Shah
2.
Mst. Maqbool Bibi
3.
Mst. Musawir Bibi
4.
Mst. Mumtaz Bibi
son
Syed Taj Muhammad Shah, caste Syed Bukhri, R/o Mauza
daughters Jungle Amir Hussain Tehsil Shujabad, District Multan. ……Defendants
Amended Appeal against the order dated 19.1.2002 by Mr. Muhammad Saghir Anwar, Civil Judge, Shujabad, whereby he by accepting the application in a declaratory suit filed by plaintiffs/respondents No. 1 to 4 confirmed Stay order as prayed for. CLAIM IN APPEAL: To accept the appeal and by setting aside impugned order to dismiss the stay application.
Value of appeal: - Rs. 400/- as fixed by the plaintiffs. Respectfully Sheweth: Briefly the facts of the case as stated in the plaint are that plaintiffs/respondents No. 1 to 4 filed suit seeking declaration to the effect that they are owner in possession of land in dispute measuring 238K—6M situated in Mauza Panjani Tehsil Shujabad, District Multan, on the basis of some observation made in the judgment dated 8.4.63 passed by Mr. Salah-ud-Din Mirza, Civil Judge, Multan and judgment of the Appellate Court dated 23.4.78 passed by Mr. Ausaf Ali Khan, District Judge, Multan and vide Mutation No. 516 dated 10.9.78 said to have been sanctioned on the basis of the observation made in the above two judgments and that order dated 7.11.83 passed by Member Board of Revenue cancelling the said mutation, is illegal and ineffective qua their rights and for permanent injunction restraining the defendants/appellants from interfering in their ownership and possessary rights. Along-with the suit, an application under order 39, rules 1 & 2 C.P.C. was also moved seeking interim injunction in the above-said terms. This application was resisted by the defendants/appellants and after hearing arguments of the parties, the learned Civil Judge accepted the application by passing the order impugned in the instant appeal. Appellant No. 1 Ghulam Qadir has died and his legal heirs are impleaded with the permission of court. That the impugned order passed by the learned Civil Judge is illegal, hence legally not maintainable inter alia on the following: GROUNDS i)
That plaintiffs claimed the ownership of the disputed land on the basis of same agreement of exchange dated 16.8.55 registered on 20.8.55 which agreement had not seen the light of the day since than nor the same was declared by the said two judgments as valid nor any land was shown to have been given in exchange under
the said agreement. As such, the only suit for specific performance was maintainable and not a declaratory suit in the present form as such no interim or final relief could be granted in a suit which is not maintainable. ii)
That under section 172 Land Revenue Act, jurisdiction of civil court was barred to issue injunction against the Revenue Officer for correction of the Revenue Record under the directions of Member Board of Revenue. This legal aspect of the matter was not properly appreciated by the learned Civil Judge, while passing the impugned order.
iii)
That the plaintiffs have not made out prima facie case. Entries in the Mutation record are fiscal in nature and do not create any title or interest in favour of plaintiffs. In absence of any decree, such mutation was not legal. Learned Civil Judge, while making the impugned order has failed to appreciate this legal aspect of the matter.
iv)
That impugned order is against law and facts of the case, highly unjust and oppressive, which amounts to depriving the appellants of their genuine rights in respect of the land in dispute. Wherefore, it is respectfully prayed that this Hon’ble Court may be pleased to accept this appeal and by setting aside the impugned order, the application for stay be dismissed with costs. Appellants,
Dated: 14.2.2002 10.5.2003 Ghulam Qadir etc. Through Malik Allah Wasaya General Attorney. Through: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan.
From: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan. To, Pir Kifayat Husasin Bodla, Senior Advocate, Shujabad.
Subject: -
Notice Under order 43 C.P.C in case titled: -
(i)
Abdul Aziz Shah etc. Vs. Ghulam Qadir & others.
(ii)
Abdul Aziz Shah etc. Vs. Mst. Sukhan etc.
(iii)
Abdul Aziz Shah etc. Vs. Sher Muhammad etc.
(iv)
Abdul Aziz Shah etc. Vs. Ameer Bakhsh etc.
Please take notice that my clients Ghulam Qadir & other defendants in the above-captioned 4 suits intend to prefer 4 appeals against orders dated 19.1.2002 passed by Mr. Muhammad Saghir Anwar Civil Judge, Shujabad on the applications under order 39, rules 1 & 2 filed along-with the above-mentioned 4 suits. All the 4 impugned orders are verbatum. Copy of each other as such the grounds of appeals are also similar. Copy of the 4 orders impugned and copy of grounds of appeal are attached herewith. Sincerely Yours, Dated: 13.2.2002 Zafar Iqbal Khan, Counsel Appellants
IN THE COURT OF DISTRICT JUDGE, MULTAN.
1. Gulam Qadir (deceased) son of Khuda Bakhsh, caste Jat Nonari, residents of Mauza Jungle Ammer Hussain, Tehsil Shujabad, District Multan, represented by his legal heirs: 1-A. Malik Allah Wasaya--son 1-B. Mst. Allah Wasai--daughter 2. Ghulam Sarwar 3. Ghulam Hussain 4. Ghulam Rasool 5. Allah Ditta
sons of Khuda Bakhsh, caste Jat Nonari, residents of Mauza Jungle Ameer Hussain, Tehsil Shujabad, District Multan. sons Muhammad Hussain &
6. Allah Bachaya
Mst. Jindan Mai, caste
7. Mst. Hayat Bibi
Jat Nonari, residents of
8. Mst. Bhiranwan Bibi
Mauza Jungle Ameer
9. Mst. Aisha Bibi 10.Mst. Nazir Bibi
daughters
Hussain Tehsil Shuja Abad, District Multan. ……Appellants
VERSUS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16.
Abdul Aziz Shah son Syed Taj Muhammad Shah, Mst. Maqbool Bibi caste Syed Bukhri, R/o Mauza Mst. Musawir Bibi daughters Jungle Amir Hussain Tehsil Mst. Mumtaz Bibi Shujabad, District Multan. Ameer Baksh S/o Ahmad Ali Shaukat Ali S/o Ameer Bakhsh Muhammad Nawaz Allah Rakha Sons caste Jat Khakhi, Jind Wada Ahmad Yar R/o Basti Panjani Muhammad Hussain Mauza Panjani, Mst. Karam widow of Pir Bakhsh Tehsil Shujabad, Nazar Hussain S/o Pir Bakhsh District Multan. Mst. Bakhsh Elahi daughters Mst. Shamshad Mai of Mst. Shamim Mai Pir Bakhsh Ghulam Muhammad S/o Daem ……Defendants
Appeal against the order dated 19.1.2002 by Mr. Muhammad Saghir Anwar, Civil Judge, Shujabad, whereby he by accepting the application in a declaratory suit filed by plaintiffs/respondents No. 1 to 4 confirmed Stay order as prayed for. CLAIM IN APPEAL: To accept the appeal and by setting aside impugned order to dismiss the stay application. Value of appeal: - Rs. 400/- as fixed by the plaintiffs. Respectfully Sheweth: Briefly the facts of the case as stated in the plaint are that plaintiffs/respondents No. 1 to 4 filed suit seeking declaration to the effect that they are owner in possession of land in dispute measuring 110K—10M situated in Mauza Panjani Tehsil Shujabad, District Multan, on the basis of some observation made in the judgment dated 8.4.63 passed by Mr. Salah-ud-Din Mirza, Civil Judge, Multan and judgment of the Appellate Court dated 23.4.78 passed by Mr. Ausaf Ali Khan, District Judge, Multan and vide Mutation No. 517 dated 10.9.78 said to have been sanctioned on the basis of the observation made in the above two judgments and that order dated 7.11.83 passed by Member Board of Revenue cancelling the said mutation, is illegal and ineffective qua their rights and for permanent injunction restraining the defendants/appellants from interfering in their ownership and possessary rights. Along-with the suit, an application under order 39, rules 1 & 2 C.P.C. was also moved seeking interim injunction in the above-said terms. This application was resisted by the defendants/appellants and after hearing arguments of the parties, the learned Civil Judge accepted the application by passing the order impugned in the instant appeal. Appellant No. 1 Ghulam Qadir has died and his legal heirs are impleaded with the permission of court.
That the impugned order passed by the learned Civil Judge is illegal, hence legally not maintainable inter alia on the following: GROUNDS i)
That plaintiffs claimed the ownership of the disputed land on the basis of same agreement of exchange dated 16.8.55 registered on 20.8.55 which agreement had not seen the light of the day since than nor the same was declared by the said two judgments as valid nor any land was shown to have been given in exchange under the said agreement. As such, the only suit for specific performance was maintainable and not a declaratory suit in the present form as such no interim or final relief could be granted in a suit which is not maintainable.
ii)
That under section 172 Land Revenue Act, jurisdiction of civil court was barred to issue injunction against the Revenue Officer for correction of the Revenue Record under the directions of Member Board of Revenue. This legal aspect of the matter was not properly appreciated by the learned Civil Judge, while passing the impugned order.
iii)
That the plaintiffs have not made out prima facie case. Entries in the Mutation record are fiscal in nature and do not create any title or interest in favour of plaintiffs. In absence of any decree, such mutation was not legal. Learned Civil Judge, while making the impugned order has failed to appreciate this legal aspect of the matter.
iv)
That impugned order is against law and facts of the case, highly unjust and oppressive, which amounts to depriving the appellants of their genuine rights in respect of the land in dispute. Wherefore, it is respectfully prayed that this Hon’ble Court may be pleased to accept this appeal and by setting aside the impugned order, the application for stay be dismissed with costs. Appellants,
Dated: 14.2.2002 10.5.2003 Ghulam Qadir etc. Through Malik Allah Wasaya General Attorney. Through: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan.
IN THE COURT OF DISTRICT JUDGE, MULTAN.
1. Gulam Qadir (deceased) son of Khuda Bakhsh, caste Jat Nonari, residents of Mauza Jungle Ammer Hussain, Tehsil Shujabad, District Multan, represented by his legal heirs: 1-A. Malik Allah Wasaya--son 1-B. Mst. Allah Wasai--daughter 2. Ghulam Sarwar
sons of Khuda Bakhsh, caste Jat
3. Ghulam Hussain 4. Ghulam Rasool
Nonari, residents of Mauza Jungle Ameer Hussain, Tehsil Shujabad, District Multan.
5. Allah Ditta
sons
Muhammad Hussain &
6. Allah Bachaya
Mst. Jindan Mai, caste
7. Mst. Hayat Bibi
Jat Nonari, residents of
8. Mst. Bhiranwan Bibi
Mauza Jungle Ameer
9. Mst. Aisha Bibi
daughters
10.Mst. Nazir Bibi
Hussain Tehsil Shuja Abad, District Multan. ……Appellants
VERSUS
1. Abdul Aziz Shah 2. Mst. Maqbool Bibi
son
Syed Taj Muhammad Shah, caste Syed Bukhri, R/o Mauza
3. Mst. Musawir Bibi daughters Jungle Amir Hussain Tehsil 4. Mst. Mumtaz Bibi 5.
Shujabad, District Multan.
Sher Muhammad S/o Muhammad Yar
caste Jat Khakhi
R/o 6.
Shaukat Hayat S/o Qadir Bakhsh
Mauza
Punjani,
Tehsil Shujabad Distt. Multan. 7.
Mst. Sharam Khatoon mother of Mst. Nusrat Ali widow of Qadir Bakhsh, caste Jat Khakhi, R/o Mauza Punjani, Tehsil
Shujabad, herself and through heir Allah Bakhsh (deceased) respondent No. 15. 8.
Sajjad Hussain
sons of Muhammad Hussain caste
Jat 9.
Sikandar Hussain Khakhi, R/o Mauza Punjani, Tehsil
10.
Altaf Hussain
11.
Allah Yar
12.
Zulfiqar
Shujabad, District Multan. Sons of Muhib Ali, caste Jat Khakhi, R/o
Mauza
Punjani,
Tehsil
Shujabad. 13.
Mst. Nasim Bibi wife of Muhib Ali mother of Farrukh Ali, caste Jat Khakhi (deceased) through legal heirs respondents No. 8 to 13B.
14.
Muhib Ali father of Farrukh Ali
sons
caste Jat
Khakhi, 15.
Zubair Ali alias Allah Wasaya of
16.
Jamshed Ali
R/o Mauza Punjani, Muhib
Tehsil
Shujabad, 17.
Shameer Ali alias Nadeem Ali Ali
District Multan.
themselves and through legal heirs Mst. Nasim Bibi (respondent No. 9). 17A.Mst. Abida Bibi daughter of Nasim Bibi wife of Ghulam Abbas 17B. Mst. Shaista Bibi daughter of Nasim Bibi wife of Nadir Abbas. Both Jat Khakhi by caste, R/o Mauza Punjani, Tehsil Shujabad. 18.
Muhammad Hussain S/o Allah Bakhsh, caste Jat Khakhi, R/o Mauza Punjani, Tehsil Shujabad, himself and through legal heir Allah Bakhsh (deceased) respondent No. 15.
19.
Allah Bakhsh S/o Allah Yar (deceased), caste Jat Khakhi, R/o Mauza Punjani, Tehsil Shujabad, through legal heirs respondents No. 3, 14 & respondents No. 15A & 15B.
20.
Mst. Aman Khatoon
daughters of Allah Bakhsh,
21.
Mst. Manzoor Khatoon caste Jat Khakhi, R/o Mauza Punjani, Tehsil Shujabad, ……Defendants
Appeal against the order dated 19.1.2002 by Mr. Muhammad Saghir Anwar, Civil Judge, Shujabad, whereby he by accepting the application in a declaratory suit filed by plaintiffs/respondents No. 1 to 4 confirmed Stay order as prayed for. CLAIM IN APPEAL: To accept the appeal and by setting aside impugned order to dismiss the stay application. Value of appeal: - Rs. 400/- as fixed by the plaintiffs. Respectfully Sheweth: Briefly the facts of the case as stated in the plaint are that plaintiffs/respondents No. 1 to 4 filed suit seeking declaration to the effect that they are owner in possession of land in dispute measuring 49K—2M situated in Mauza Panjani Tehsil Shujabad, District Multan, on the basis of some observation made in the judgment dated 8.4.63 passed by Mr. Salah-ud-Din Mirza, Civil Judge, Multan and judgment of the Appellate Court dated 23.4.78 passed by Mr. Ausaf Ali Khan, District Judge, Multan and vide Mutation No. 518 dated 10.9.78 said to have been sanctioned on the basis of the observation made in the above two judgments and that order dated 7.11.83 passed by Member Board of Revenue cancelling the said mutation, is illegal and ineffective qua their rights and for permanent injunction restraining the defendants/appellants from interfering in their ownership and possessary rights. Along-with the suit, an application under order 39, rules 1 & 2 C.P.C. was also moved seeking interim injunction in the above-said terms. This application was resisted by the defendants/appellants and after hearing arguments of the parties, the learned Civil Judge accepted the application by passing the order impugned in the instant appeal. Appellant No. 1 Ghulam Qadir has died and his legal heirs are impleaded with the permission of court. That the impugned order passed by the learned Civil Judge is illegal, hence legally not maintainable inter alia on the following: -
GROUNDS i)
That plaintiffs claimed the ownership of the disputed land on the basis of same agreement of exchange dated 16.8.55 registered on 20.8.55 which agreement had not seen the light of the day since than nor the same was declared by the said two judgments as valid nor any land was shown to have been given in exchange under the said agreement. As such, the only suit for specific performance was maintainable and not a declaratory suit in the present form as such no interim or final relief could be granted in a suit which is not maintainable.
ii)
That under section 172 Land Revenue Act, jurisdiction of civil court was barred to issue injunction against the Revenue Officer for correction of the Revenue Record under the directions of Member Board of Revenue. This legal aspect of the matter was not properly appreciated by the learned Civil Judge, while passing the impugned order.
iii)
That the plaintiffs have not made out prima facie case. Entries in the Mutation record are fiscal in nature and do not create any title or interest in favour of plaintiffs. In absence of any decree, such mutation was not legal. Learned Civil Judge, while making the impugned order has failed to appreciate this legal aspect of the matter.
iv)
That impugned order is against law and facts of the case, highly unjust and oppressive, which amounts to depriving the appellants of their genuine rights in respect of the land in dispute. Wherefore, it is respectfully prayed that this Hon’ble Court may be pleased to accept this appeal and by setting aside the impugned order, the application for stay be dismissed with costs. Appellants,
Dated: 14.2.2002 10.5.2003 Ghulam Qadir etc. Through Malik Allah Wasaya General Attorney. Through: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan. IN THE COURT OF DISTRICT JUDGE, MULTAN.
1. Gulam Qadir (deceased) son of Khuda Bakhsh, caste Jat Nonari, residents of Mauza Jungle Ammer Hussain, Tehsil Shujabad, District Multan, represented by his legal heirs: 1-A. Malik Allah Wasaya--son 1-B. Mst. Allah Wasai--daughter 2. Ghulam Sarwar
sons of Khuda Bakhsh, caste Jat
3. Ghulam Hussain
Nonari, residents of Mauza Jungle
4. Ghulam Rasool
Ameer Hussain, Tehsil Shujabad, District Multan.
5. Allah Ditta
sons
6. Allah Bachaya
Muhammad Hussain & Mst. Jindan Mai, caste
7. Mst. Hayat Bibi 8. Mst. Bhiranwan Bibi 9. Mst. Aisha Bibi daughters 10.Mst. Nazir Bibi
Jat Nonari, residents of Mauza Jungle Ameer Hussain Tehsil Shuja Abad, District Multan. ……Appellants VERSUS
1.
Abdul Aziz Shah
son
Syed Taj Muhammad Shah,
2.
Mst. Maqbool Bibi
3.
Mst. Musawir Bibi
4.
Mst. Mumtaz Bibi
5.
Mst. Sukhan Bibi widow of Muahmamd Bakhsh, caste Jat Khakhi, R/o Mauza Punjani, Tehsil Shujabad, (deceased)
caste Syed Bukhri, R/o Mauza daughters Jungle Amir Hussain Tehsil Shujabad, District Multan.
through legal heirs (respondents No. 3 to 6) themselves and legal heirs of respondent No. 1. 6.
Mst. Bilquees Begum widow of Muhammad Bakhsh
7. 8. 9. 10.
Ghulam Abbas Sons Nadir Abbas M. Bakhsh caste Jat Nonari, R/o Jungle Mst. Maqsood Elahi Ameer Hussain, Teh. Mst. Noshaba Sultana Begum Shujabad, District Multan. Both daughters of M. Bakhsh ……Defendants Amended Appeal against the order dated 19.1.2002 by Mr. Muhammad Saghir Anwar, Civil Judge, Shujabad, whereby he by accepting the application in a declaratory suit filed by plaintiffs/respondents No. 1 to 4 confirmed Stay order as prayed for.
CLAIM IN APPEAL: To accept the appeal and by setting aside impugned order to dismiss the stay application. Value of appeal: - Rs. 400/- as fixed by the plaintiffs. Respectfully Sheweth: Briefly the facts of the case as stated in the plaint are that plaintiffs/respondents No. 1 to 4 filed suit seeking declaration to the effect that they are owner in possession of land in dispute measuring 49K—2M situated in Mauza Panjani Tehsil Shujabad, District Multan, on the basis of some observation made in the judgment dated 8.4.63 passed by Mr. Salah-ud-Din Mirza, Civil Judge, Multan and judgment of the Appellate Court dated 23.4.78 passed by Mr. Ausaf Ali Khan, District Judge, Multan and vide Mutation No. 519 dated 10.9.78 said to have been sanctioned on the basis of the observation made in the above two judgments and that order dated 7.11.83 passed by Member Board of Revenue cancelling the said mutation, is illegal and ineffective qua their rights and for permanent injunction restraining the defendants/appellants from interfering in their ownership and possessary rights.
Along-with the suit, an application under order 39, rules 1 & 2 C.P.C. was also moved seeking interim injunction in the above-said terms. This application was resisted by the defendants/appellants and after hearing arguments of the parties, the learned Civil Judge accepted the application by passing the order impugned in the instant appeal. Appellant No. 1 Ghulam Qadir has died and his legal heirs are impleaded with the permission of court. That the impugned order passed by the learned Civil Judge is illegal, hence legally not maintainable inter alia on the following: GROUNDS i)
That plaintiffs claimed the ownership of the disputed land on the basis of same agreement of exchange dated 16.8.55 registered on 20.8.55 which agreement had not seen the light of the day since than nor the same was declared by the said two judgments as valid nor any land was shown to have been given in exchange under the said agreement. As such, the only suit for specific performance was maintainable and not a declaratory suit in the present form as such no interim or final relief could be granted in a suit which is not maintainable.
ii)
That under section 172 Land Revenue Act, jurisdiction of civil court was barred to issue injunction against the Revenue Officer for correction of the Revenue Record under the directions of Member Board of Revenue. This legal aspect of the matter was not properly appreciated by the learned Civil Judge, while passing the impugned order.
iii)
That the plaintiffs have not made out prima facie case. Entries in the Mutation record are fiscal in nature and do not create any title or interest in favour of plaintiffs. In absence of any decree, such mutation was not legal. Learned Civil Judge, while making the impugned order has failed to appreciate this legal aspect of the matter.
iv)
That impugned order is against law and facts of the case, highly unjust and oppressive, which amounts to depriving the appellants of their genuine rights in respect of the land in dispute. Wherefore, it is respectfully prayed that this Hon’ble Court may be pleased to accept this appeal and by setting aside the impugned order, the application for stay be dismissed with costs. Appellants,
Dated: 14.2.2002 10.5.2003
Ghulam Qadir etc. Through Malik Allah Wasaya General Attorney. Through: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan.
1.
Gulam Qadir (deceased) son of Khuda Bakhsh, caste Jat Nonari, residents of Mauza Jungle Ammer Hussain, Tehsil Shujabad, District Multan, represented by his legal heirs: -
1-A. Malik Allah Wasaya--son 1-B. Mst. Allah Wasai--daughter 2.
Ghulam Sarwar
sons of Khuda Bakhsh, caste Jat
3.
Ghulam Hussain
Nonari, residents of Mauza Jungle
4.
Ghulam Rasool
Ameer Hussain, Tehsil Shujabad, District Multan.
5.
Allah Ditta
sons
6.
Allah Bachaya
Mst. Jindan Mai, caste
7.
Mst. Hayat Bibi
Jat Nonari, residents of
8.
Mst. Bhiranwan Bibi
Mauza Jungle Ameer
9.
Mst. Aisha Bibi
10.
Mst. Nazir Bibi
Muhammad Hussain &
daughters
Hussain Tehsil Shuja Abad, District Multan. ……Appellants
VERSUS 1.
Abdul Aziz Shah
2.
Mst. Maqbool Bibi
3.
Mst. Musawir Bibi
4.
Mst. Mumtaz Bibi
son
Syed Taj Muhammad Shah, caste Syed Bukhri, R/o Mauza
daughters Jungle Amir Hussain Tehsil Shujabad, District Multan. ……Defendants
Amended Appeal against the order dated 19.1.2002 by Mr. Muhammad Saghir Anwar, Civil Judge, Shujabad, whereby he by accepting the application in a declaratory suit filed by plaintiffs/respondents No. 1 to 4 confirmed Stay order as prayed for. CLAIM IN APPEAL: To accept the appeal and by setting aside impugned order to dismiss the stay application.
Value of appeal: - Rs. 400/- as fixed by the plaintiffs. Respectfully Sheweth: Briefly the facts of the case as stated in the plaint are that plaintiffs/respondents No. 1 to 4 filed suit seeking declaration to the effect that they are owner in possession of land in dispute measuring 238K—6M situated in Mauza Panjani Tehsil Shujabad, District Multan, on the basis of some observation made in the judgment dated 8.4.63 passed by Mr. Salah-ud-Din Mirza, Civil Judge, Multan and judgment of the Appellate Court dated 23.4.78 passed by Mr. Ausaf Ali Khan, District Judge, Multan and vide Mutation No. 516 dated 10.9.78 said to have been sanctioned on the basis of the observation made in the above two judgments and that order dated 7.11.83 passed by Member Board of Revenue cancelling the said mutation, is illegal and ineffective qua their rights and for permanent injunction restraining the defendants/appellants from interfering in their ownership and possessary rights. Along-with the suit, an application under order 39, rules 1 & 2 C.P.C. was also moved seeking interim injunction in the above-said terms. This application was resisted by the defendants/appellants and after hearing arguments of the parties, the learned Civil Judge accepted the application by passing the order impugned in the instant appeal. Appellant No. 1 Ghulam Qadir has died and his legal heirs are impleaded with the permission of court. That the impugned order passed by the learned Civil Judge is illegal, hence legally not maintainable inter alia on the following: GROUNDS i)
That plaintiffs claimed the ownership of the disputed land on the basis of same agreement of exchange dated 16.8.55 registered on 20.8.55 which agreement had not seen the light of the day since than nor the same was declared by the said two judgments as valid nor any land was shown to have been given in exchange under
the said agreement. As such, the only suit for specific performance was maintainable and not a declaratory suit in the present form as such no interim or final relief could be granted in a suit which is not maintainable. ii)
That under section 172 Land Revenue Act, jurisdiction of civil court was barred to issue injunction against the Revenue Officer for correction of the Revenue Record under the directions of Member Board of Revenue. This legal aspect of the matter was not properly appreciated by the learned Civil Judge, while passing the impugned order.
iii)
That the plaintiffs have not made out prima facie case. Entries in the Mutation record are fiscal in nature and do not create any title or interest in favour of plaintiffs. In absence of any decree, such mutation was not legal. Learned Civil Judge, while making the impugned order has failed to appreciate this legal aspect of the matter.
iv)
That impugned order is against law and facts of the case, highly unjust and oppressive, which amounts to depriving the appellants of their genuine rights in respect of the land in dispute. Wherefore, it is respectfully prayed that this Hon’ble Court may be pleased to accept this appeal and by setting aside the impugned order, the application for stay be dismissed with costs. Appellants,
Dated: 14.2.2002 10.5.2003 Ghulam Qadir etc. Through Malik Allah Wasaya General Attorney. Through: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan.
From: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan. To, Pir Kifayat Husasin Bodla, Senior Advocate, Shujabad.
Subject: -
Notice Under order 43 C.P.C in case titled: -
(i)
Abdul Aziz Shah etc. Vs. Ghulam Qadir & others.
(ii)
Abdul Aziz Shah etc. Vs. Mst. Sukhan etc.
(iii)
Abdul Aziz Shah etc. Vs. Sher Muhammad etc.
(iv)
Abdul Aziz Shah etc. Vs. Ameer Bakhsh etc.
Please take notice that my clients Ghulam Qadir & other defendants in the above-captioned 4 suits intend to prefer 4 appeals against orders dated 19.1.2002 passed by Mr. Muhammad Saghir Anwar Civil Judge, Shujabad on the applications under order 39, rules 1 & 2 filed along-with the above-mentioned 4 suits. All the 4 impugned orders are verbatum. Copy of each other as such the grounds of appeals are also similar. Copy of the 4 orders impugned and copy of grounds of appeal are attached herewith. Sincerely Yours, Dated: 13.2.2002 Zafar Iqbal Khan, Counsel Appellants
IN THE COURT OF DISTRICT JUDGE, MULTAN.
1. Gulam Qadir (deceased) son of Khuda Bakhsh, caste Jat Nonari, residents of Mauza Jungle Ammer Hussain, Tehsil Shujabad, District Multan, represented by his legal heirs: 1-A. Malik Allah Wasaya--son 1-B. Mst. Allah Wasai--daughter 2. Ghulam Sarwar 3. Ghulam Hussain 4. Ghulam Rasool 5. Allah Ditta
sons of Khuda Bakhsh, caste Jat Nonari, residents of Mauza Jungle Ameer Hussain, Tehsil Shujabad, District Multan. sons Muhammad Hussain &
6. Allah Bachaya
Mst. Jindan Mai, caste
7. Mst. Hayat Bibi
Jat Nonari, residents of
8. Mst. Bhiranwan Bibi
Mauza Jungle Ameer
9. Mst. Aisha Bibi 10.Mst. Nazir Bibi
daughters
Hussain Tehsil Shuja Abad, District Multan. ……Appellants
VERSUS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16.
Abdul Aziz Shah son Syed Taj Muhammad Shah, Mst. Maqbool Bibi caste Syed Bukhri, R/o Mauza Mst. Musawir Bibi daughters Jungle Amir Hussain Tehsil Mst. Mumtaz Bibi Shujabad, District Multan. Ameer Baksh S/o Ahmad Ali Shaukat Ali S/o Ameer Bakhsh Muhammad Nawaz Allah Rakha Sons caste Jat Khakhi, Jind Wada Ahmad Yar R/o Basti Panjani Muhammad Hussain Mauza Panjani, Mst. Karam widow of Pir Bakhsh Tehsil Shujabad, Nazar Hussain S/o Pir Bakhsh District Multan. Mst. Bakhsh Elahi daughters Mst. Shamshad Mai of Mst. Shamim Mai Pir Bakhsh Ghulam Muhammad S/o Daem ……Defendants
Appeal against the order dated 19.1.2002 by Mr. Muhammad Saghir Anwar, Civil Judge, Shujabad, whereby he by accepting the application in a declaratory suit filed by plaintiffs/respondents No. 1 to 4 confirmed Stay order as prayed for. CLAIM IN APPEAL: To accept the appeal and by setting aside impugned order to dismiss the stay application. Value of appeal: - Rs. 400/- as fixed by the plaintiffs. Respectfully Sheweth: Briefly the facts of the case as stated in the plaint are that plaintiffs/respondents No. 1 to 4 filed suit seeking declaration to the effect that they are owner in possession of land in dispute measuring 110K—10M situated in Mauza Panjani Tehsil Shujabad, District Multan, on the basis of some observation made in the judgment dated 8.4.63 passed by Mr. Salah-ud-Din Mirza, Civil Judge, Multan and judgment of the Appellate Court dated 23.4.78 passed by Mr. Ausaf Ali Khan, District Judge, Multan and vide Mutation No. 517 dated 10.9.78 said to have been sanctioned on the basis of the observation made in the above two judgments and that order dated 7.11.83 passed by Member Board of Revenue cancelling the said mutation, is illegal and ineffective qua their rights and for permanent injunction restraining the defendants/appellants from interfering in their ownership and possessary rights. Along-with the suit, an application under order 39, rules 1 & 2 C.P.C. was also moved seeking interim injunction in the above-said terms. This application was resisted by the defendants/appellants and after hearing arguments of the parties, the learned Civil Judge accepted the application by passing the order impugned in the instant appeal. Appellant No. 1 Ghulam Qadir has died and his legal heirs are impleaded with the permission of court.
That the impugned order passed by the learned Civil Judge is illegal, hence legally not maintainable inter alia on the following: GROUNDS i)
That plaintiffs claimed the ownership of the disputed land on the basis of same agreement of exchange dated 16.8.55 registered on 20.8.55 which agreement had not seen the light of the day since than nor the same was declared by the said two judgments as valid nor any land was shown to have been given in exchange under the said agreement. As such, the only suit for specific performance was maintainable and not a declaratory suit in the present form as such no interim or final relief could be granted in a suit which is not maintainable.
ii)
That under section 172 Land Revenue Act, jurisdiction of civil court was barred to issue injunction against the Revenue Officer for correction of the Revenue Record under the directions of Member Board of Revenue. This legal aspect of the matter was not properly appreciated by the learned Civil Judge, while passing the impugned order.
iii)
That the plaintiffs have not made out prima facie case. Entries in the Mutation record are fiscal in nature and do not create any title or interest in favour of plaintiffs. In absence of any decree, such mutation was not legal. Learned Civil Judge, while making the impugned order has failed to appreciate this legal aspect of the matter.
iv)
That impugned order is against law and facts of the case, highly unjust and oppressive, which amounts to depriving the appellants of their genuine rights in respect of the land in dispute. Wherefore, it is respectfully prayed that this Hon’ble Court may be pleased to accept this appeal and by setting aside the impugned order, the application for stay be dismissed with costs. Appellants,
Dated: 14.2.2002 10.5.2003 Ghulam Qadir etc. Through Malik Allah Wasaya General Attorney. Through: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan.
IN THE COURT OF DISTRICT JUDGE, MULTAN.
1. Gulam Qadir (deceased) son of Khuda Bakhsh, caste Jat Nonari, residents of Mauza Jungle Ammer Hussain, Tehsil Shujabad, District Multan, represented by his legal heirs: 1-A. Malik Allah Wasaya--son 1-B. Mst. Allah Wasai--daughter 2. Ghulam Sarwar
sons of Khuda Bakhsh, caste Jat
3. Ghulam Hussain 4. Ghulam Rasool
Nonari, residents of Mauza Jungle Ameer Hussain, Tehsil Shujabad, District Multan.
5. Allah Ditta
sons
Muhammad Hussain &
6. Allah Bachaya
Mst. Jindan Mai, caste
7. Mst. Hayat Bibi
Jat Nonari, residents of
8. Mst. Bhiranwan Bibi
Mauza Jungle Ameer
9. Mst. Aisha Bibi
daughters
10.Mst. Nazir Bibi
Hussain Tehsil Shuja Abad, District Multan. ……Appellants
VERSUS
1. Abdul Aziz Shah 2. Mst. Maqbool Bibi
son
Syed Taj Muhammad Shah, caste Syed Bukhri, R/o Mauza
3. Mst. Musawir Bibi daughters Jungle Amir Hussain Tehsil 4. Mst. Mumtaz Bibi 5.
Shujabad, District Multan.
Sher Muhammad S/o Muhammad Yar
caste Jat Khakhi
R/o 6.
Shaukat Hayat S/o Qadir Bakhsh
Mauza
Punjani,
Tehsil Shujabad Distt. Multan. 7.
Mst. Sharam Khatoon mother of Mst. Nusrat Ali widow of Qadir Bakhsh, caste Jat Khakhi, R/o Mauza Punjani, Tehsil
Shujabad, herself and through heir Allah Bakhsh (deceased) respondent No. 15. 8.
Sajjad Hussain
sons of Muhammad Hussain caste
Jat 9.
Sikandar Hussain Khakhi, R/o Mauza Punjani, Tehsil
10.
Altaf Hussain
11.
Allah Yar
12.
Zulfiqar
Shujabad, District Multan. Sons of Muhib Ali, caste Jat Khakhi, R/o
Mauza
Punjani,
Tehsil
Shujabad. 13.
Mst. Nasim Bibi wife of Muhib Ali mother of Farrukh Ali, caste Jat Khakhi (deceased) through legal heirs respondents No. 8 to 13B.
14.
Muhib Ali father of Farrukh Ali
sons
caste Jat
Khakhi, 15.
Zubair Ali alias Allah Wasaya of
16.
Jamshed Ali
R/o Mauza Punjani, Muhib
Tehsil
Shujabad, 17.
Shameer Ali alias Nadeem Ali Ali
District Multan.
themselves and through legal heirs Mst. Nasim Bibi (respondent No. 9). 17A.Mst. Abida Bibi daughter of Nasim Bibi wife of Ghulam Abbas 17B. Mst. Shaista Bibi daughter of Nasim Bibi wife of Nadir Abbas. Both Jat Khakhi by caste, R/o Mauza Punjani, Tehsil Shujabad. 18.
Muhammad Hussain S/o Allah Bakhsh, caste Jat Khakhi, R/o Mauza Punjani, Tehsil Shujabad, himself and through legal heir Allah Bakhsh (deceased) respondent No. 15.
19.
Allah Bakhsh S/o Allah Yar (deceased), caste Jat Khakhi, R/o Mauza Punjani, Tehsil Shujabad, through legal heirs respondents No. 3, 14 & respondents No. 15A & 15B.
20.
Mst. Aman Khatoon
daughters of Allah Bakhsh,
21.
Mst. Manzoor Khatoon caste Jat Khakhi, R/o Mauza Punjani, Tehsil Shujabad, ……Defendants
Appeal against the order dated 19.1.2002 by Mr. Muhammad Saghir Anwar, Civil Judge, Shujabad, whereby he by accepting the application in a declaratory suit filed by plaintiffs/respondents No. 1 to 4 confirmed Stay order as prayed for. CLAIM IN APPEAL: To accept the appeal and by setting aside impugned order to dismiss the stay application. Value of appeal: - Rs. 400/- as fixed by the plaintiffs. Respectfully Sheweth: Briefly the facts of the case as stated in the plaint are that plaintiffs/respondents No. 1 to 4 filed suit seeking declaration to the effect that they are owner in possession of land in dispute measuring 49K—2M situated in Mauza Panjani Tehsil Shujabad, District Multan, on the basis of some observation made in the judgment dated 8.4.63 passed by Mr. Salah-ud-Din Mirza, Civil Judge, Multan and judgment of the Appellate Court dated 23.4.78 passed by Mr. Ausaf Ali Khan, District Judge, Multan and vide Mutation No. 518 dated 10.9.78 said to have been sanctioned on the basis of the observation made in the above two judgments and that order dated 7.11.83 passed by Member Board of Revenue cancelling the said mutation, is illegal and ineffective qua their rights and for permanent injunction restraining the defendants/appellants from interfering in their ownership and possessary rights. Along-with the suit, an application under order 39, rules 1 & 2 C.P.C. was also moved seeking interim injunction in the above-said terms. This application was resisted by the defendants/appellants and after hearing arguments of the parties, the learned Civil Judge accepted the application by passing the order impugned in the instant appeal. Appellant No. 1 Ghulam Qadir has died and his legal heirs are impleaded with the permission of court. That the impugned order passed by the learned Civil Judge is illegal, hence legally not maintainable inter alia on the following: -
GROUNDS i)
That plaintiffs claimed the ownership of the disputed land on the basis of same agreement of exchange dated 16.8.55 registered on 20.8.55 which agreement had not seen the light of the day since than nor the same was declared by the said two judgments as valid nor any land was shown to have been given in exchange under the said agreement. As such, the only suit for specific performance was maintainable and not a declaratory suit in the present form as such no interim or final relief could be granted in a suit which is not maintainable.
ii)
That under section 172 Land Revenue Act, jurisdiction of civil court was barred to issue injunction against the Revenue Officer for correction of the Revenue Record under the directions of Member Board of Revenue. This legal aspect of the matter was not properly appreciated by the learned Civil Judge, while passing the impugned order.
iii)
That the plaintiffs have not made out prima facie case. Entries in the Mutation record are fiscal in nature and do not create any title or interest in favour of plaintiffs. In absence of any decree, such mutation was not legal. Learned Civil Judge, while making the impugned order has failed to appreciate this legal aspect of the matter.
iv)
That impugned order is against law and facts of the case, highly unjust and oppressive, which amounts to depriving the appellants of their genuine rights in respect of the land in dispute. Wherefore, it is respectfully prayed that this Hon’ble Court may be pleased to accept this appeal and by setting aside the impugned order, the application for stay be dismissed with costs. Appellants,
Dated: 14.2.2002 10.5.2003 Ghulam Qadir etc. Through Malik Allah Wasaya General Attorney. Through: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan. IN THE COURT OF DISTRICT JUDGE, MULTAN.
1. Gulam Qadir (deceased) son of Khuda Bakhsh, caste Jat Nonari, residents of Mauza Jungle Ammer Hussain, Tehsil Shujabad, District Multan, represented by his legal heirs: 1-A. Malik Allah Wasaya--son 1-B. Mst. Allah Wasai--daughter 2. Ghulam Sarwar
sons of Khuda Bakhsh, caste Jat
3. Ghulam Hussain
Nonari, residents of Mauza Jungle
4. Ghulam Rasool
Ameer Hussain, Tehsil Shujabad, District Multan.
5. Allah Ditta
sons
6. Allah Bachaya
Muhammad Hussain & Mst. Jindan Mai, caste
7. Mst. Hayat Bibi 8. Mst. Bhiranwan Bibi 9. Mst. Aisha Bibi daughters 10.Mst. Nazir Bibi
Jat Nonari, residents of Mauza Jungle Ameer Hussain Tehsil Shuja Abad, District Multan. ……Appellants VERSUS
1.
Abdul Aziz Shah
son
Syed Taj Muhammad Shah,
2.
Mst. Maqbool Bibi
3.
Mst. Musawir Bibi
4.
Mst. Mumtaz Bibi
5.
Mst. Sukhan Bibi widow of Muahmamd Bakhsh, caste Jat Khakhi, R/o Mauza Punjani, Tehsil Shujabad, (deceased)
caste Syed Bukhri, R/o Mauza daughters Jungle Amir Hussain Tehsil Shujabad, District Multan.
through legal heirs (respondents No. 3 to 6) themselves and legal heirs of respondent No. 1. 6.
Mst. Bilquees Begum widow of Muhammad Bakhsh
7. 8. 9. 10.
Ghulam Abbas Sons Nadir Abbas M. Bakhsh caste Jat Nonari, R/o Jungle Mst. Maqsood Elahi Ameer Hussain, Teh. Mst. Noshaba Sultana Begum Shujabad, District Multan. Both daughters of M. Bakhsh ……Defendants Amended Appeal against the order dated 19.1.2002 by Mr. Muhammad Saghir Anwar, Civil Judge, Shujabad, whereby he by accepting the application in a declaratory suit filed by plaintiffs/respondents No. 1 to 4 confirmed Stay order as prayed for.
CLAIM IN APPEAL: To accept the appeal and by setting aside impugned order to dismiss the stay application. Value of appeal: - Rs. 400/- as fixed by the plaintiffs. Respectfully Sheweth: Briefly the facts of the case as stated in the plaint are that plaintiffs/respondents No. 1 to 4 filed suit seeking declaration to the effect that they are owner in possession of land in dispute measuring 49K—2M situated in Mauza Panjani Tehsil Shujabad, District Multan, on the basis of some observation made in the judgment dated 8.4.63 passed by Mr. Salah-ud-Din Mirza, Civil Judge, Multan and judgment of the Appellate Court dated 23.4.78 passed by Mr. Ausaf Ali Khan, District Judge, Multan and vide Mutation No. 519 dated 10.9.78 said to have been sanctioned on the basis of the observation made in the above two judgments and that order dated 7.11.83 passed by Member Board of Revenue cancelling the said mutation, is illegal and ineffective qua their rights and for permanent injunction restraining the defendants/appellants from interfering in their ownership and possessary rights.
Along-with the suit, an application under order 39, rules 1 & 2 C.P.C. was also moved seeking interim injunction in the above-said terms. This application was resisted by the defendants/appellants and after hearing arguments of the parties, the learned Civil Judge accepted the application by passing the order impugned in the instant appeal. Appellant No. 1 Ghulam Qadir has died and his legal heirs are impleaded with the permission of court. That the impugned order passed by the learned Civil Judge is illegal, hence legally not maintainable inter alia on the following: GROUNDS i)
That plaintiffs claimed the ownership of the disputed land on the basis of same agreement of exchange dated 16.8.55 registered on 20.8.55 which agreement had not seen the light of the day since than nor the same was declared by the said two judgments as valid nor any land was shown to have been given in exchange under the said agreement. As such, the only suit for specific performance was maintainable and not a declaratory suit in the present form as such no interim or final relief could be granted in a suit which is not maintainable.
ii)
That under section 172 Land Revenue Act, jurisdiction of civil court was barred to issue injunction against the Revenue Officer for correction of the Revenue Record under the directions of Member Board of Revenue. This legal aspect of the matter was not properly appreciated by the learned Civil Judge, while passing the impugned order.
iii)
That the plaintiffs have not made out prima facie case. Entries in the Mutation record are fiscal in nature and do not create any title or interest in favour of plaintiffs. In absence of any decree, such mutation was not legal. Learned Civil Judge, while making the impugned order has failed to appreciate this legal aspect of the matter.
iv)
That impugned order is against law and facts of the case, highly unjust and oppressive, which amounts to depriving the appellants of their genuine rights in respect of the land in dispute. Wherefore, it is respectfully prayed that this Hon’ble Court may be pleased to accept this appeal and by setting aside the impugned order, the application for stay be dismissed with costs. Appellants,
Dated: 14.2.2002 10.5.2003
Ghulam Qadir etc. Through Malik Allah Wasaya General Attorney. Through: Zafar Iqbal Khan, Advocate High Court, 124-District Courts, Multan.
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