| Case ID |
001cfed5-3386-40e8-b2c1-59d9476450d8 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.93-P of 1989 |
| Decision Date |
May 14, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to the petitioner against the judgment of the Peshawar High Court, which had ruled in favor of the respondents regarding a suit for possession of land. The case revolved around the principles of res judicata and whether the suit was time-barred. The Court found the issues raised by the petitioner to be arguable, warranting further examination. Consequently, the appeal was allowed to proceed with the parties permitted to file additional documents, while maintaining the status quo until the final resolution of the appeal. |
| Summary |
In the case of Rehmatullah through Legal Heirs vs. Haji Muhammad Akram, the Supreme Court of Pakistan addressed critical issues related to land possession and the applicability of res judicata under the Civil Procedure Code. The case originated from a previous suit where the respondents claimed possession of land that the petitioner had allegedly occupied illegally. The High Court's decision to favor the respondents was challenged by the petitioner, who argued that the suit was time-barred and should be dismissed based on prior judgments. The Supreme Court found merit in the petitioner's arguments, indicating that the legal principles concerning the execution of decrees and the time limitations needed thorough examination. This ruling emphasizes the importance of procedural adherence in civil matters and reaffirms the court's role in ensuring justice in legal disputes. Keywords such as 'land possession', 'res judicata', 'Civil Procedure Code', and 'Supreme Court of Pakistan' are crucial for understanding the legal implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
USMAN ALI SHAH
|
| Lawyers |
Muhammad Aman Khan, Advocate Supreme Court,
Nur Ahmad Khan, Advocate-on-Record
|
| Petitioners |
REHMATULLAH through Legal Heirs
|
| Respondents |
another,
Haji MUHAMMAD AKRAM
|
| Citations |
1989 SLD 1929,
1989 SCMR 1801
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
11,
185(3)
|