| Case ID |
03fa0e29-64ed-43c1-a560-59bf3245bec0 |
| Body |
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| Case Number |
C.P.L.A. No.1048-L of 2000 |
| Decision Date |
Apr 02, 2003 |
| Hearing Date |
Apr 02, 2003 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the judgment of the Lahore High Court. The court upheld the decision of the Additional District Judge, which had set aside the Civil Judge's decree regarding the ownership of 16 Kanals of land. The judgment emphasized that the petitioners did not acquire specific Khasra numbers but rather conveyed an interest in a joint Khata. Consequently, the petitioners could not claim specific numbers, as they had become joint owners along with other Khatadars. |
| Summary |
This case revolves around the issue of ownership and possession of land in a joint Khata. The petitioners claimed ownership of 16 Kanals based on a sale-deed but failed to specify Khasra numbers. The Lahore High Court had previously dismissed their claim, leading to this appeal. The Supreme Court reaffirmed that the petitioners had only conveyed their interest in a joint Khata and could not assert rights over specific land numbers. The decision highlights the importance of clearly defined ownership rights in land transactions, particularly when dealing with joint properties. The ruling serves as a significant precedent for similar disputes in land ownership, emphasizing the necessity for explicit agreements in property sales. The case illustrates the complexities of property law in Pakistan, where joint ownership can lead to ambiguities in rights and claims. Legal practitioners should be aware of this ruling when advising clients on property transactions to avoid future disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Tanvir Ahmad Khan,
Khalil-ur-Rehman Ramday
|
| Lawyers |
Syed Shamim Abbas Bokhari,
S. Abul Aasim Jafri,
Ch. Muzammil Khan
|
| Petitioners |
others,
Muhammad Ibrahim
|
| Respondents |
others,
Muhammad Ismail
|
| Citations |
2005 SLD 1360,
2005 SCMR 1335
|
| Other Citations |
Not available
|
| Laws Involved |
Not available
|
| Sections |
Not available
|