| Case ID |
0a22e0f9-05ad-47c6-80be-ca403f1ee023 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.1341 of 2002 |
| Decision Date |
Feb 08, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal, affirming the High Court's decision which had dismissed the suit filed by the appellant, Abdul Sattar, regarding the validity of a relinquishment deed executed during his minority. The Court held that the relinquishment deed was binding as the appellant had accepted the benefits derived from it. The concurrent findings of fact by the lower courts were deemed valid and not subject to interference under Section 115 of the Civil Procedure Code. The appellant's delay of nearly three decades in filing the suit was viewed unfavorably, indicating a lack of diligence in pursuing his legal rights. |
| Summary |
In the case of Abdul Sattar vs. Mst. Anar Bibi, the Supreme Court of Pakistan ruled on the validity of a relinquishment deed executed when the appellant was a minor. The case highlights important legal principles regarding the rights of minors, the conditions under which relinquishment deeds can be contested, and the ability of higher courts to review concurrent findings of fact by lower courts. The court's decision emphasized that even if a party is a minor at the time of a legal transaction, acceptance of benefits derived from that transaction can lead to the binding nature of that transaction. The case also underscores the importance of timely action in legal matters, as the appellant's lengthy delay in contesting the deed was a significant factor in the court's decision to uphold the High Court's ruling. Keywords such as relinquishment deed, minority rights, High Court jurisdiction, and legal representation were critical in understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
M. JAVED BUTTAR,
HAMID ALI MIRZA
|
| Lawyers |
Gulzarin Kiani,
M.S. Khattak,
Sh. Zamir Hussain,
M.A. Zaidi
|
| Petitioners |
ABDUL SATTAR
|
| Respondents |
others,
Mst. ANAR BIBI
|
| Citations |
2007 SLD 1637,
2007 PLD 609
|
| Other Citations |
Ahmed Khan v. Rasul Shah PLD 1975 SC 311,
Izzat v. Allah Ditta PLD 1981 SC 165,
Hanifa Begum v. Muhammad Afzal Khan 1981 CLC 1156,
Ziariat Gul v. Mian Khan PLD 1950 Pesh. 69,
Fateh Din v. Gurmukh Singh AIR 1929 Lah. 810,
Mt. Anto v. Mt. Reoti Kuar AIR 1936 All. 837,
Md. Zafir v. Amiruddin AIR 1963 Pat. 108,
Kase Mollah v. Fajel Shek PLD 1952 Dacca 347,
Kunji Amma v. D. Antherjanom AIR 1954 Traco 371,
Muzaffar Khan v. Sanchi Khan 2007 SCMR 181,
Tulley Khan v. Ahmed Hassan Khan 1981 SCMR 1075,
Midna Pore Zamindary Co. Ltd. v. Abdul Zalil AIR 1933 Cal. 627
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
115,
42
|