| Case ID |
0bfcfd6d-d2ed-45f0-9291-4438b37e1317 |
| Body |
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| Case Number |
Civil Revision No. 407 of 2002 |
| Decision Date |
Jun 01, 2011 |
| Hearing Date |
Jun 01, 2011 |
| Decision |
The impugned judgment and decree has been set aside and the judgment and decree of the learned trial Court has been restored. There is no order as to costs. The revision was accepted by the court. |
| Summary |
In the landmark case of Civil Revision No. 407 of 2002, heard on June 1, 2011, the Lahore High Court made a pivotal decision concerning property possession under the Civil Procedure Code (V of 1908), specifically Sections XXIII, Rr.1, and Rr.2. The petitioner, Muhammad Tanveer, sought possession of property based on a prior decree that established his ownership. Respondents, led by Muhammad Jamil through his legal heirs, contested the possession, arguing that the petitioner’s previous suit for possession was withdrawn without court permission, thus invoking Order XXIII Rules 1 and 2, C.P.C., to claim that the current suit was time-barred.
The court meticulously examined the validity of the petitioner’s claim, noting that the decree dated February 6, 1996, had not been challenged by the respondents, thereby affirming the petitioner’s ownership of the property. The petitioner’s argument hinged on the premise that as the rightful owner, he was entitled to reclaim possession without being impeded by the withdrawal of an earlier suit. The respondents countered by labeling the decree as fraudulent and reinforcing that the suit was indeed time-barred.
Key legal principles were scrutinized, including whether the suit was frivolous or vexatious under Section 35-A, C.P.C., and whether the petitioner was estopped from filing the suit due to his actions. The court also delved into whether the principles of res judicata applied, given the finality of prior judgments.
After thorough deliberation, the Lahore High Court set aside the impugned appellate court judgment, thereby restoring the original trial court’s decree in favor of the petitioner. This decision underscored the court’s stance on upholding the sanctity of decrees and the rights of property owners under the Civil Procedure Code. The case highlights the intricate balance between procedural rigor and substantive justice in civil litigation, serving as a critical reference for future cases involving property disputes and procedural defenses under the C.P.C.
This judgment is pivotal for legal practitioners and stakeholders in property law, emphasizing the importance of adhering to procedural norms while asserting property rights. The Lahore High Court’s decision reinforces the application of Sections XXIII, Rr.1, and Rr.2 of the Civil Procedure Code in adjudicating possession disputes, ensuring that rightful owners can reclaim their properties without undue procedural hindrances. The case also illustrates the court’s approach to handling appeals and revisions, particularly in scenarios where earlier suits are withdrawn or deemed time-barred. By reinforcing the principles of ownership and possession under established legal frameworks, this decision contributes significantly to the jurisprudence surrounding civil procedure and property law in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Lahore High Court,
Muhammad Yousaf Asim,
Ghulam Rasul Ch.
|
| Judges |
MUHAMMAD KHALID MEHMOOD KHAN, J
|
| Lawyers |
Muhammad Yousaf Asim,
Ghulam Rasul Ch.
|
| Petitioners |
MUHAMMAD TANVEER
|
| Respondents |
MUHAMMAD JAMIL through Legal Heirs
|
| Citations |
2011 SLD 435,
2011 PLD 511
|
| Other Citations |
Mst. Maroof Jan and 2 others v. Yaqoob and 4 others 1990 CLC 19,
Mst. Mehrunnisa v. Karachi Cantonment Board, through Cantonment Executive Officer another 1990 CLC 1334,
National Bank of Pakistan v. Hashim Khan 1995 CLC 88,
Muhammad Ali and others v. Province of Punjab and others 2009 SCMR 1079,
Muhammad Yousuf Memon v. Karachi Stock Exchange (Guarantee) Ltd. 1995 CLC 183,
Sardar Muhammad Aziz Khan v. Messrs United Kashmir Flour Mills (Pvt.) PLD 2004 SC (AJ&K) 1
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
XXIII,
Rr.1,
Rr.2
|