| Case ID |
07965c8e-a38a-49e3-a39a-651a6102284d |
| Body |
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| Case Number |
Civil Petition No. 114-P of 1985 |
| Decision Date |
Oct 19, 1985 |
| Hearing Date |
Oct 19, 1985 |
| Decision |
The Supreme Court upheld the concurrent findings of fact made by the lower courts regarding the dispute over land. The petitioner's claims were dismissed as the findings of the High Court were not interfered with, indicating that the evidence presented did not warrant a change in the judgment. The court found that the issues regarding the land were adequately addressed in the previous rulings, and the petitioner's arguments did not merit a review. Consequently, the petition was dismissed with no further consideration warranted. |
| Summary |
This case revolves around a property dispute involving land that once belonged to Hindu migrants and was classified as evacuee property. The Supreme Court of Pakistan ruled on a civil petition concerning the ownership and possession of a specific land parcel, Khasra No. 2626, located in Kohat. The petitioner, Muhammad Sharif, contested the findings of the lower courts, which had upheld the respondent Abdul Majid's claim to the property based on prior purchase and legal ownership. The Supreme Court found the lower courts' findings to be accurate and based on sufficient evidence, leading to the dismissal of the petition. The ruling emphasizes the importance of factual findings in property disputes and reinforces the principle that concurrent findings of lower courts should not be disturbed unless there is a compelling reason. This decision is significant in the context of property law and the rights of individuals regarding ownership and possession of land, particularly in cases involving historical property claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Chotey Khan,
Hindu migrants
|
| Judges |
ASLAM RIAZ HUSSAIN, ACTG. C.J.,
ABDUL KADIR SHAIKH,
S.A. NUSRAT, JJ
|
| Lawyers |
S. Safdar Hussain, Advocate-on-Record for Petitioners,
Nemo for Respondents
|
| Petitioners |
MUHAMMAD SHARIF through Legal Heirs and others
|
| Respondents |
ABDUL MAJID through Legal Heirs and others
|
| Citations |
1986 SLD 367,
1986 SCMR 190
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|