Summary: S.42 SRA:Declaratory suit--Inheritance mutation is at higher pedestal than unregistered deed & that too not proved in terms of Art.79 QSO

Summary: S.42 SRA:Declaratory suit--Plea not raised in lower forum at proper stage can not be agitated for the first time in the revisional court

Summary: The judgment had decreed in favor of the respondent, Ibrar Ali, who had filed a suit for possession through specific performance of an agreement to sell concerning certain properties.Ibrar Ali claimed that he had paid the entire consideration and obtained possession of the properties mentioned in the agreement, and after the death of the property owner, he requested the appellants (legal heirs of the deceased) to execute the sale deed but they refused. Consequently, he filed a lawsuit. The trial court framed several issues, including whether the plaintiff had purchased the properties, whether the plaintiff was entitled to specific performance, and whether the agreement was fraudulent. After considering the evidence presented by both parties, the trial court decreed the suit in favor of the plaintiff. The appellants challenged this decision in the Lahore High Court, arguing that the agreement was forged, and the evidence was insufficient. The respondents, on the other hand, argued that the appeal was filed by an unauthorized person. The court examined the evidence and found discrepancies in the plaintiff's testimony and the lack of a signed agreement by the plaintiff. As a result, the Lahore High Court allowed the appeal, setting aside the judgment and decree of the trial court and dismissing the plaintiff's suit.

Summary: Summary pending.

Summary: S.324,148,149 PPCPresiding officer is competent to hear & decide cases till relinquishment of charge (BCA dismissed)

Summary: PLJ 2015 Peshawar 326 -----Workers Welfare Fund Ordinance 1971, Section 14 - Civil Procedure Code (V of 1908), Order VII Rule 11 - Notice for eviction due to illegal residence occupation - Documentary or Oral Evidence - Validity: The determination of whether an action was taken in good faith, as required under Section 14 of the Ordinance, necessitates the recording of evidence from both parties. For evicting a worker from a residence, a set procedure is provided by the Ordinance, ensuring a forum for grievance redressal is available to the petitioners [Page 327]. -----Background: The petitioners, residents of quarters allotted to them under the Workers Welfare Fund Ordinance, 1971, filed a suit challenging vacation notices issued by the respondents for allegedly occupying residences illegally. They sought declaratory reliefs, including a declaration of lawful residence and an injunction against their dispossession. The trial court rejected the plaint as barred by law under Section 14 of the Ordinance, which was upheld on appeal by the Additional District Judge. -----Issues: 1- Whether the suit is maintainable in light of Section 14 of the Workers Welfare Fund Ordinance, 1971, which protects actions taken in good faith under the Ordinance. -----2- Whether further evidence is required to determine if the vacation notices issued were legally justified or issued in good faith. -----Holding/Reasoning/Outcome: --Maintainability under Section 14: The court held that Section 14’s protection for actions taken "in good faith" under the Ordinance could not be applied without evaluating the evidence on the legality and good faith of the respondents’ actions. The rejection of the suit based solely on maintainability under Order VII, Rule 11 of the CPC was inappropriate. --Requirement for Evidence: The court emphasized that determining the legality of the notices and whether actions were taken in good faith required documentary and oral evidence. The trial court should consider these factors rather than dismissing the suit at the initial stage. The court accepted the revision petition, set aside the lower courts’ judgments, and remanded the case to the trial court for proceeding on merits. -----Citations/Precedents: Workers Welfare Fund Ordinance, 1971, Section 14 Civil Procedure Code, 1908, Order VII, Rule 11

Summary: Summary pending.

Summary: Summary pending

Summary: Summary pending.

Summary: Summary pending.