1997 CLC 21 PESHAWAR-HIGH-COURT

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EMPLOYEES' OLD-AGE BENEFIT INSTITUTION VS JAVED IQBAL Specific Relief Act 1877--12 , Specific Relief Act 1877 S. 12---Civil Procedure Code (V of 1908), Restriction Act (XI of 1963), S. 17---Land Acquisition Act (I of 1894), Ss.4 & 17---Constitution of Pakistan (1973), Art. 199---Suit for specific performance of agreement to sell---Property during pendency of suit had been sold to third party which was impleaded in suit---Proceedings for acquisition of property in dispute were also pending before Collector---Trial Court on defendants plea that acquisition proceeding being in progress, plaint ought to be rejected, acceded to request of defendants and rejected plaint---Defendants had already moved Commissioner that civil suits being pending adjudication, acquisition proceeding should be set aside whereupon on Commissioner's direction, Collector stayed proceedings sine die---Defendant after achieving these objectives moved Rent Controller for ejectment of tenants---Plaintiffs thereupon moved High Court in its Constitutional jurisdiction for setting aside order of rejection of plaint, order to stay sine die acquisition proceedings, and for issuing direction to Rent Controller not to proceed with ejectment application---Defendants in fact played double standard game---When at defendants request Collector stopped further proceedings for compulsory acquisition of property, defendants could not get plaint rejected in civil suit under O. VII, R. 11, C.P.C. being estopped totally to plead contrary cause before said forum---Plaint was rejected on ground that acquisition proceedings were in progress while in fact, acquisition proceedings had been stopped on account of suit being pending---Defendants immediately thereafter, filed ejectment proceedings to take advantage of double standard game played by them---Trial Court did not apply its mind nor gave opportunity of hearing to plaintiffs while rejecting plaint---Commissioner and Collector also did not acquiant themselves with factual position involved in case and without hearing plaintiff passed order stopping acquisition proceedings, notwithstanding genuine need of Department (petitioner) which had also made deposit in cash of specified amount being tentative price of bungalow---Where matter required factual investigation, plaintiff must in abeyance by plaint under O.VII, R. 11, C.P.C. proceedings for compulsory acquisition of property---High Court taking note of illegalities, directed Trial Court to restore civil suit and take proceedings by disposing same on merit in accordance with law---Order passed by Commissioner was also set aside and Collector was directed to resume proceedings for acquisition of property in question---Rent Controller was directed not to proceed with eviction application.