| Case ID |
0ba04070-040c-464d-a351-8483d4ff933b |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 149 |
| Decision Date |
Nov 16, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal against the Lahore High Court's decision, emphasizing that the petitioner failed to meet the necessary standard for establishing a finding of fact regarding alleged damages to his house. The court noted that although specific damages were not proven, there was a possibility of future damage that could not be ignored. The counsel for the respondents acknowledged the responsibility of the concerned authority to maintain the abandoned well, which could potentially cause harm to the petitioner and other local residents. The petition was ultimately dismissed after the petitioner's counsel chose not to pursue it further. |
| Summary |
In the case of Haji Ghulam Hussain vs. Province of Punjab, the Supreme Court of Pakistan addressed the issue of a declaratory suit under the Specific Relief Act, 1877, focusing on Section 42. The petitioner, Haji Ghulam Hussain, sought relief due to alleged damages caused by an abandoned well, termed 'bouli', which was constructed during the Muslim rule in India. The Lahore High Court previously dismissed the petitioner's appeal on the grounds that he failed to provide adequate evidence of damage. The Supreme Court upheld this decision, stating that reopening the case on the basis of factual findings lacked justification. However, it was acknowledged that future damages could occur, and the counsel for the respondents committed to informing the relevant authorities to ensure the well did not pose a risk to the local residents. This case highlights the critical balance between establishing factual evidence in legal claims and the responsibilities of local authorities in maintaining public safety. It serves as a precedent for similar future cases involving property damage claims and the responsibilities of governmental entities. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SHAFIUR RAHMAN
|
| Lawyers |
Ch. Akhtar Ali,
M. Bilal,
Imtiaz Muhammad Khan
|
| Petitioners |
Haji GHULAM HUSSAIN
|
| Respondents |
PROVINCE OF PUNJAB AND OTHERS
|
| Citations |
1983 SLD 256,
1983 SCMR 294
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877)
|
| Sections |
42
|