| Case ID |
0f8f2f0e-3234-4ec9-8374-7bbd172a28a5 |
| Body |
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| Case Number |
Civil Revision No. 179 of 2009 |
| Decision Date |
Jun 28, 2013 |
| Hearing Date |
Jun 12, 2013 |
| Decision |
The court upheld the concurrent findings of the two lower courts which dismissed the petitioner's suit for declaration and injunction regarding land ownership. The court emphasized that illegal possession does not confer ownership, and unauthorized constructions do not create rights against the government. The petition was dismissed as the petitioner failed to prove his claim and the suit was barred by time. The decision reinforced the principle that courts cannot validate illegal occupations and must protect public property. |
| Summary |
In the case of Civil Revision No. 179 of 2009, the Balochistan High Court dealt with a petition for declaration and injunction regarding land ownership. The petitioner, Nasir Ali, claimed ownership based on possession and construction of a boundary wall and a medical store on government land. The court highlighted that illegal possession does not confer title and that the courts must not perpetuate illegal acts. The suit was dismissed due to lack of evidence supporting the petitioner's claim and because it was barred by time. The case illustrates the legal principles surrounding unauthorized possession and the protection of public property. Keywords: trespass, illegal construction, property rights, government land, court decision. |
| Court |
Balochistan High Court
|
| Entities Involved |
Government of Balochistan,
Balochistan High Court
|
| Judges |
MUHAMMAD NOOR MESKANZAI, J
|
| Lawyers |
S.A. M. Qadri
|
| Petitioners |
NASIR ALI
|
| Respondents |
GOVERNMENT OF BALOCHISTAN through Secretary Board of Revenue and 2 others
|
| Citations |
2013 SLD 2879,
2013 YLR 2500
|
| Other Citations |
Muhammad Farooq Dosa's case 1990 MLD 2016,
Khurshid Ali's case PLD 1990 Lah. 211,
Provincial Government through Collector, Kohat and another v. Shabbir Hussain PLD 2005 SC 337
|
| Laws Involved |
Specific Relief Act (I of 1877)
|
| Sections |
42,
54
|