| Case ID |
052b3684-99ef-4022-8c40-54b424a699cb |
| Body |
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| Case Number |
Civil Revision No. 820 of 2005 |
| Decision Date |
Mar 06, 2007 |
| Hearing Date |
Mar 06, 2007 |
| Decision |
The Lahore High Court dismissed the Civil Revision No. 820 of 2005, affirming the applicability of the rule of lis pendens as per Section 52 of the Transfer of Property Act, 1882. The court found that the transactions involving the land in question were conducted during the pendency of partition proceedings and therefore did not affect the rights acquired by the parties involved. The court ruled that the EDO(R) acted within their authority by refusing to sanction the review application, and the petitioner's claims were dismissed without any orders as to costs. |
| Summary |
The case revolves around the applicability of the rule of lis pendens under Section 52 of the Transfer of Property Act, 1882, in the context of a partition suit. The petitioner, Muhammad Shafi, contested the decisions made regarding the partition of land involving his co-sharers, particularly concerning the transactions that occurred during the pendency of the partition proceedings. The court emphasized that any transactions occurring during this time would not alter the rights established by the earlier decisions made by the Revenue Officer. The ruling reinforces the principle that pending litigation must be respected in property dealings, thus ensuring equity in land ownership. This case is significant for its interpretation of property law and the protection of rightful ownership amidst ongoing legal disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ
|
| Lawyers |
Mian Muhammad Aslam,
Hashim Sabir Raja,
Riasat Ali
|
| Petitioners |
MUHAMMAD SHAFI
|
| Respondents |
ALI MUHAMMAD,
CH. NAZIR AHMAD,
RESPONDENTS NOS. 3 TO 6
|
| Citations |
2007 SLD 1216,
2007 MLD 1236
|
| Other Citations |
Not available
|
| Laws Involved |
Transfer of Property Act, 1882
|
| Sections |
52
|