| Case ID |
0a2c09c5-e259-4370-82c3-2bc09b9e9345 |
| Body |
View case body. Login to View |
| Case Number |
R.F.A. No. 70 of 2004 |
| Decision Date |
May 26, 2015 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the appellants were occupying the property illegally since 1997. The trial court found that the predecessor of the appellants, who was appointed as an attorney, had misused his position and failed to justify his possession. The plaintiff proved his case by demonstrating lawful ownership of the property, which was bequeathed to a trust by his father. The court ruled that the defendants had to vacate the property, pay rent for their illegal occupation, and assist in the establishment of the trust. |
| Summary |
In this landmark case adjudicated by the Balochistan High Court, the legal complexities surrounding property rights and trust law were scrutinized. The case revolved around a dispute between the heirs of a deceased property owner and a defendant who claimed adverse possession. The court examined the validity of the trust established by the plaintiff's father and the legality of the defendant's occupation. The ruling underscored the importance of rightful ownership and the responsibilities of trustees. The decision emphasized the need for proper authorization in legal proceedings, particularly in appealing court decisions. This case serves as a significant reference for property law, trust law, and the procedural requirements for appeals in Pakistan. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
JAMAL KHAN MANDOKHAIL,
MUHAMMAD EJAZ SWATI
|
| Lawyers |
Mr. Basharatullah
|
| Petitioners |
7 others,
MRS. ELSA MARRI
|
| Respondents |
PHILLIPS M. IRANI
|
| Citations |
2015 SLD 2691,
2015 CLC 1687
|
| Other Citations |
Ramzan v. Sohrab Khan PLD 1990 Lah. 314
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
8,
O. XLI, R. 1
|