| Case ID |
04381326-2056-416f-ab1e-7cf8f6f29b2a |
| Body |
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| Case Number |
Civil Petition No.194-K of 2006 |
| Decision Date |
Jan 23, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the judgment of the High Court of Sindh, which had allowed the respondents' Civil Revision Application No.246 of 2000. The High Court had decreed Suit No.19 of 1994 in favor of the respondents, determining that the disputed Sikni plot was rightfully owned by them. The petitioners failed to provide adequate evidence to support their claim that the plot was part of a Katchi Abadi, which led to the conclusion that the order of the High Court was based on sound legal principles and did not warrant interference. |
| Summary |
This case revolves around a civil petition concerning a plot of land in Darro, Taluka Mirpur Bathoro. The respondents sought a declaration and injunction against the petitioners, who allegedly encroached on their inherited property. The High Court ruled in favor of the respondents, stating that the evidence presented by the petitioners was insufficient to prove their claim of the plot being part of a Katchi Abadi. The Supreme Court upheld this decision, emphasizing the importance of proper legal evidence in property disputes. The ruling reinforces the principles of ownership rights and the necessity for clear evidence in property encroachments, making it a significant case in property law and civil rights within Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MOOSA K. LEGHARI,
ZIA PERWEZ,
SYED ZAWWAR HUSSAIN JAFFERY
|
| Lawyers |
Suleman Habibullah,
Syed Sahahanshah Hussain,
Akhlaq Ahmed Siddiqui
|
| Petitioners |
NATHO
|
| Respondents |
MIRCHU RAM
|
| Citations |
2008 SLD 1716,
2008 SCMR 876
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Constitution of Pakistan (1973)
|
| Sections |
42,
54,
Art. 185(3)
|