| Case ID |
09ffbbe1-2583-45cc-b8ca-fae048593505 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 255 of 1995 |
| Decision Date |
Nov 12, 1996 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the civil revision petition filed against the judgment and decree passed by the Additional District Judge, Sargodha, affirming the Civil Judge's decision. The court found that the petitioners had not effectively contested the suit and failed to prove their claims regarding the validity of the consent decree. The court upheld the previous findings that the respondent was lawfully married to the late Muhammad Hussain and entitled to inheritance and possession of the land in question. The petitioners' arguments regarding the alleged void nature of the gift due to non-delivery of possession were deemed waived, as they did not challenge the findings on appeal. The court ruled that the principles of res judicata applied, confirming the previous decisions in favor of the respondent. |
| Summary |
This case revolves around a civil revision petition concerning a dispute over land entitlement based on a consent decree. The Lahore High Court addressed the claims of the petitioners, who argued against the validity of the decree and the gift of land made by the late Muhammad Hussain to the respondent, Fateh Bevi, in lieu of her dower. The court highlighted that the petitioners had previously contested the matter and failed to provide substantial evidence to support their claims. The court reaffirmed the principles of res judicata, indicating that the matter had already been decided and could not be re-litigated. This case emphasizes the importance of adhering to procedural requirements in civil disputes, particularly regarding the contestation of decrees and the implications of non-compliance with court orders. It serves as a precedent in civil procedure, particularly in cases involving inheritance and property rights under Islamic law. The decision reflects the court's commitment to uphold valid decrees and protect the rights of lawful heirs, ensuring justice in cases of property disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIR ALAM KHAN, J
|
| Lawyers |
Rana Nasrullah Khan for Petitioners,
Shahzad Shaukat for Respondent
|
| Petitioners |
5 others,
MUJAHID HUSSAIN
|
| Respondents |
FATEH BEVI
|
| Citations |
1997 SLD 829,
1997 CLC 1622
|
| Other Citations |
Muhammad Anwar v. Government of Pakistan, Ministry of Justice and Parliamentary Affairs 1994 SCMR 899,
Sakhi Muhammad v. Munshi Khan 1989 CLC 1794,
Talib Hussain v. Badrul Islam and another 1989 CLC 1099,
Mst. Sughran Bibi alias Mst. Mehran Bibi v. Asghar Khan and another 1988 SCMR 4,
Sardar Ali and others v. Muhammad Ali and others PLD -1988 SC 297
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Land Reforms Regulation, 1972 (M.L.R. 115),
Specific Relief Act (I of 1877)
|
| Sections |
O.VIII, R.2,
S.12(2),
S.11,
Para. 24(5),
S.42
|