| Case ID |
002ca19b-579e-45bc-a97a-ddde0689b080 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 218-P and 236-P of 1994 |
| Decision Date |
Feb 21, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitions for leave to appeal concerning the possession of land after a thorough examination of the relevant facts and legal principles. The court concluded that the plaintiffs were entitled to the possession of the land in question, which had been allotted to them following a partition that occurred after the initial joint holding. The defendants' continued possession was deemed permissive, as they had not established any adverse possession rights. The court upheld the High Court's decision, which had found the plaintiffs to be the exclusive owners of the land, thus denying the defendants' claims. |
| Summary |
In the case of 'Civil Petition No. 218-P and 236-P of 1994', the Supreme Court of Pakistan addressed the complex issue of land ownership and possession rights following a partition of Shamilat. The plaintiffs, Taimar Khan and others, sought possession of land that had been allotted to them as exclusive owners after the partition. The defendants, Fazal Rabi and others, claimed adverse possession based on their historical occupancy of the land. The court reviewed the West Pakistan Land Revenue Act and relevant constitutional provisions, determining that the plaintiffs were rightfully entitled to the land as per the legal records and partition instruments. The court emphasized that the defendants' possession was initially permissive, which negated their claims of adverse possession. The case highlights critical legal principles regarding land rights, ownership disputes, and the importance of documenting land records accurately. This decision reinforces the legal framework surrounding land revenue matters and the rights of landowners post-partition, providing clarity and precedence for future cases involving similar disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SALEERN AKHTAR,
FAZAL RAHI KHAN,
FAZAL ILAHI KHAN
|
| Lawyers |
Mir Adam Khan
|
| Petitioners |
others,
Taimar Khan
|
| Respondents |
others,
Fazal Rabi
|
| Citations |
1996 SLD 1094 = 1996 SCMR 123
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Land Revenue Act (XVII of 1967),
Constitution of Pakistan (1973)
|
| Sections |
145,
146,
53,
185(3)
|