| Case ID |
0a3f0c08-bb7f-4bd6-869d-9df44f3298fd |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 6805 of 2011 |
| Decision Date |
Jan 29, 2013 |
| Hearing Date |
Jan 29, 2013 |
| Decision |
The Lahore High Court dismissed the constitutional petition filed by the petitioner Akhtar Abbas against the orders of the learned Civil Judge and Additional District Judge. The Court found that the impugned orders were within the jurisdiction and that the decree for possession through specific performance could not be executed through a warrant of possession without a prior partition of the joint khata. The Court upheld the requirement for the respondent, Muhammad Anwar, to seek a partition suit, and confirmed that the orders made by the executing court did not suffer from any jurisdictional error. Consequently, the petition was deemed to have no merit and was dismissed. |
| Summary |
This case revolves around the execution of a decree for specific performance pertaining to an undivided share of a joint khata. The petitioner, Akhtar Abbas, challenged the orders passed by the Civil Judge and Additional District Judge regarding the execution of the decree in favor of the respondent, Muhammad Anwar. The Lahore High Court emphasized the importance of following due process in property law, particularly regarding partition and possession. The Court's decision highlights the necessity for clarity in property rights and the execution of decrees, especially in cases involving joint ownership. This ruling serves as a significant reference for future cases involving similar legal principles. Key legal terms such as 'specific performance', 'joint khata', and 'symbolic possession' are essential for understanding the implications of this case within the broader context of property law in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUS SATTAR ASGHAR, J
|
| Lawyers |
Syed Faiz ul Hassan,
Shahid Ali Shakir
|
| Petitioners |
AKHTAR ABBAS
|
| Respondents |
MUHAMMAD ANWAR
|
| Citations |
2013 SLD 2657,
2013 YLR 1487
|
| Other Citations |
Manzoor Ahmed and another v. Sain Ahmed and others 2010 CLC 789
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XXI, Rr. 32(5),
O. XXI, Rr. 35(2)
|