Rais Munir Ahmed vs Women Ombudsperson Punjab, Lahore Ss — 2024 MLD 822 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Rais Munir Ahmed VS Women Ombudsperson Punjab, Lahore Ss. 4 & 7---Complaint to Ombudsperson---Properties left by the predecessor-in-interest---Civil suit, pendency of---Petitioners were aggrieved of decision against them passed by the Punjab Ombudsperson---Stance of the petitioners was that the Ombudsperson could not decide the matter as suit filed by the respondent/legal-heir was pending---Validity---Said respondent neither filed an appeal against the impugned decision nor raised any issue---Constitutional petition was dismissed, in circumstances. Citation Name: 2024 MLD 822 LAHORE-HIGH-COURT-LAHORE Rais Munir Ahmed VS Women Ombudsperson Punjab, Lahore Ss. 4 & 7---Complaint to Ombudsperson---Properties left by the predecessor-in-interest---Conduct of the party---Failure to file written reply before Ombudsperson---Petitioners were aggrieved of decision against them passed by the Punjab Ombudsperson---Validity---Record showed that the petitioners did not opt to submit their written-reply to the complaints filed before the Ombudsperson despite having availed sufficient opportunities , however, in spite of said fact the Ombudsperson sought the report of the concerned Deputy Commissioner (DC) in light of guideleines contained in the Punjab Enforcement of Women's Property Rights Act, 2021 (Act 2021) in order to bring clarity , but the petitioners once again abstained from raising any objection upon the report of the said DC, for which they had no plausible explanation , and also did not bother to appear in response to notice issued by the High Court (for instant proceedings)---Constitutional petition was dismissed, in circumstances. Citation Name: 2024 MLD 822 LAHORE-HIGH-COURT-LAHORE Rais Munir Ahmed VS Women Ombudsperson Punjab, Lahore Ss. 4, 7 & 11---Complaint to Ombudsperson---Civil suit, pendency of---Word "pending"---Meaning---Ombudsperson Punjab, jurisdiction of---Petitioners were aggrieved of decision against them passed by the Punjab Ombudsperson---Validity---S.4 of the Punjab Enforcement of Women's Property Rights Act ,2021 (the Act 2021) provides a different regime than S.7, where a suit is pending---Term "pending" means the proceedings have already been initiated/commenced prior to the filing of complaint under S.4 of the Act 2021 --- Once S.4 of the Act 2021 is triggered, the bar under S.11 of the Act 2021 becomes effective---Word "pending" means any action, in law, considered pending from time of its commencement---In the present case, regarding the properties which were subject matter of the complaint, no proceedings before any Court of law were pending, therefore the Ombudsperson correctly exercised jurisdiction---Constitutional petition was dismissed, in circumstances. Citation Name: 2024 MLD 822 LAHORE-HIGH-COURT-LAHORE Rais Munir Ahmed VS Women Ombudsperson Punjab, Lahore Ss.4 & 7---Complaint to Ombudsperson---Civil suit, pendency of ---Ombudsperson Punjab, jurisdiction of---Scope---Petitioners were aggrieved of decision against them passed by the Punjab Ombudsperson on two complaints filed by two sets of legal heirs---Stance of the petitioners , being legal heirs also, was that as a suit relating to properties left by the predecessor-in-interest , filed by other legal heirs was pending before the Sindh High Court, so the Punjab Ombudsperson could not decide the matter---Validity---Record revealed that both the complaints (before Ombudsperson by the two set of legal heirs/respondents), though were filed separately , but (were filed) before the institution of the suit by the another set of legal heirs---However, record (Record of Rights and the Report of the concerned Revenue Officer) reflected that the properties mentioned in the suit before the Sindh High Court were different from the properties mentioned before the Ombudsperson---Properties in the suit related to partition and inheritance of properties of the predecessor-in-interest , while the properties under the jurisdiction of the Ombudsperson were the ones already in the names of the respondents/complainants; therefore, S.4 of the Punjab Enforcement of Women's Property Rights Act , 2021(' the Act 2021') would continue to apply --- Constitutional petition was dismissed, in circumstances. Citation Name: 2024 MLD 822 LAHORE-HIGH-COURT-LAHORE Rais Munir Ahmed VS Women Ombudsperson Punjab, Lahore Ss. 4 & 7---Complaint to Ombudsperson---Properties left by the predecessor-in-interest---Fraud/forgery, allegations of---Ombudsperson Punjab, jurisdiction of---Petitioners were aggrieved of decision against them passed by the Punjab Ombudsperson on two complaints filed by two sets of legal heirs---Validity---One complaint filed by a legal heir was dismissed, as the matter involved allegations of fraud and forgery requiring recording of evidence, which was beyond the domain of Ombudsperson---Properties which were subject-matter of the other complaint were situated within territorial jurisdiction of the Province of Punjab, thus, Ombudsperson Punjab had rightly exercised its jurisdiction---Constitutional petition was dismissed, in circumstances.

Rais Munir Ahmed vs Women Ombudsperson Punjab, Lahore Ss — 2024 MLD 822 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2024 MLD