| Case ID |
050f9af7-b541-45c6-aa4c-03208edbd719 |
| Body |
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| Case Number |
Constitutional Petition No. 1764 of 1999 |
| Decision Date |
Oct 25, 2003 |
| Hearing Date |
Oct 14, 2003 |
| Decision |
The petition was dismissed in limine on 14-10-2003. The court found that the decree for specific performance of a contract does not transfer property title, thus ruling it as 'in personam' rather than 'in rem'. The court emphasized that such judgments only bind the parties involved and not the world at large. The petitioner failed to establish that the property was not abandoned, and the auction conducted by the respondents was deemed legal. The court upheld the principles of estoppel, asserting that the representations made by the petitioner regarding ownership were not credible due to the lack of genuine documentation. |
| Summary |
This case revolves around the legal principles of judgments in rem and in personam, particularly in the context of property disputes in Pakistan. The Sindh High Court ruled on the nature of a decree for specific performance, clarifying that such judgments do not confer ownership rights but rather establish obligations between parties. The petitioner, Abdul Jabbar, contested the auction of an abandoned property, claiming rightful ownership based on a previous decree. However, the court found no merit in the petitioner's arguments, emphasizing the importance of valid legal titles and the procedural integrity of property auctions under the Abandoned Properties Act. The ruling underscored the necessity for petitioners to substantiate their claims with genuine documentation and highlighted the courts' role in adjudicating property rights amidst claims of abandonment. Keywords include 'property law', 'judgment in rem', 'specific performance', 'abandoned property', and 'legal rights'. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ROSHAN ESSANI,
GULZAR AHMED
|
| Lawyers |
M.G. Dastagir,
Syed Tariq Ali
|
| Petitioners |
ABDUL JABBAR
|
| Respondents |
others,
ADMINISTRATOR ABANDONED PROJECT ORGANIZATION
|
| Citations |
2004 SLD 2737,
2004 PLD 260
|
| Other Citations |
Pir Bakhsh v. The Chairman, Allotment Committee PLD 1987 SC 145,
Mst. Fehmida Begum v. Muhammad Khalid 1992 SCMR 1908,
Ghulam Muhammad v. M. Ahmed Khan 1993 SCMR 662
|
| Laws Involved |
Qanun-e-Shahadat, 1984,
Specific Relief Act (I of 1877)
|
| Sections |
41,
114,
12
|