1994 MLD 897 KARACHI-HIGH-COURT-SINDH

Full text

SHABBIR AHMED VS DISTRICT JUDGE, SANGHAR 1981 SCMR 899, 1984 SCMR 228, 1984 SCMR 332, 1991 SCMR 1976, PLD 1982 SC 396, Code of Civil Procedure 1908--9 , ----S.2(2)---Civil Procedure Code (V of.1908), S..9---Jurisdiction to determine conflicting claims between two contestants of title---Evacuee property which also included disputed portion was purchased by plaintiffs predecessor in open auction---Defendant subsequently got disputed portion transferred in his name for which P.T.D. was issued to him---Evacuee laws were subsequently repealed and there was no dispute pending between the parties which could be referred to Notified Officer---Notified Officer, thus refused to adjudicate upon the matter on ground of lack of jurisdiction after repeal of evacuee laws---If portion of property in question, which had been transferred to defendant had in fact been transferred to plaintiffs predecessor earlier, it had ceased to be part of compensation pool and Settlement Authorities had no jurisdiction to transfer the same to defendant---Defendant in such case had to be treated as a statutory tenant---Plaintiffs could not seek eviction of said statutory tenant under the rent laws, so long, as transfer in favour of defendant remained in the field---Title of plaintiffs being thus, clouded, same needed to be cleared--Conflicting claims between contestants of title needed to be determined---No other forum being available to plaintiffs, they had to invoke plenary jurisdiction of Civil Court by filing the suit---Civil Court, thus, had jurisdiction to determine conflicting claims of title of plaintiffs and defendant.