| Case ID |
03888cd8-daed-4918-842a-8e34a39dc4c6 |
| Body |
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| Case Number |
Civil Appeals Nos. 87 and 88 of 1974 |
| Decision Date |
Oct 04, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeals filed by Muhammad Aslam against the judgments of the lower courts, confirming that the pre-emption suits were time-barred. The court established that the entries of Khasra Girdawari, made by the Girdawar, were presumed to be correct under section 114 of the Evidence Act, as they were made in the ordinary course of duty. The court emphasized that while the Khasra Girdawari does not hold the same statutory weight as annual revenue records, it still holds a presumption of correctness if made by officials charged with the duty. The court highlighted that the entries indicated that the vendee, Khudadad, had taken possession of the land well before the suits were filed, thereby justifying the dismissal of the pre-emption claims. |
| Summary |
This case revolves around two civil appeals concerning pre-emption suits filed by Muhammad Aslam against Khudadad, following the sale of specific parcels of land. The central legal issue was whether the suits were filed within the permissible time frame. The Supreme Court examined the entries of Khasra Girdawari, which indicated that the vendee had taken possession of the land prior to the filing of the suits. The court ruled that the entries, made by the Girdawar, were presumed to be correct under the Evidence Act, thus affirming the lower courts' decisions that the suits were indeed time-barred. This case underscores the importance of accurate record-keeping in land transactions and the implications of statutory presumption in legal proceedings related to land ownership and possession. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUSHTAQ HUSSAIN,
SHAFIUR REHMAN
|
| Lawyers |
Ch. Muhammad Abdul Wahid,
Mahmood A. Qureshi,
Maulvi Sirajul Haq,
Akhtar Ali
|
| Petitioners |
MUHAMMAD ASLAM
|
| Respondents |
KHUDA DAD
|
| Citations |
1982 SLD 359 = 1982 SCMR 511
|
| Other Citations |
Ghulam Hassan and others v. Sarfaraz Khan P L D 1956 S C (Pak.) 306
|
| Laws Involved |
Punjab Land Revenue Act (XVII of 1887),
West Pakistan Land Revenue Act (XVII of 1967),
Evidence Act (I of 1872)
|
| Sections |
52,
44,
114
|