| Case ID |
1437b4a8-ecd1-46c7-af5f-6936f34ec075 |
| Body |
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| Case Number |
Civil Appeal No.121-K of 2009 |
| Decision Date |
Jul 04, 2012 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal, ruling that the issue of limitation shall be decided by the High Court upon evidence produced by the parties. The Court found that the issue of limitation is a mixed question of law and fact that cannot be determined without evidence. Moreover, the Court held that the suit property could not be treated as evacuee trust property as the Permanent Transfer Deed (PTD) was issued in 1964, prior to the cutoff date mentioned in the Evacuee Trust Property Act. Thus, the appeal was dismissed accordingly with emphasis on adherence to the legal framework governing evacuee trust properties. |
| Summary |
In this pivotal case, the Supreme Court of Pakistan addressed significant questions regarding the Limitation Act and the Evacuee Trust Property Act. The appellants, represented by Abdul Wajid Wayne, contended that the case was time-barred under Article 120 of the Limitation Act. The respondents argued their PTDs were valid and that the property in question should not be classified as evacuee trust property. The Court concluded that the matter of limitation required further evidence to ascertain its validity. This case underscores the intricacies of property law and the application of legal principles concerning the management of evacuee trust properties, highlighting the importance of timely legal actions and proper documentation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Tariq Parvez,
Sarmad Jalal Osmany,
Jalal Osmany,
Gulzar Ahmed
|
| Lawyers |
Abdul Wajid Wayne,
Syed Amjad Hussain,
Syed Shahenshah Hussain,
Abdul Kadir Khan,
Iftikhar Javed Qazi,
Mazhar Ali B. Chohan,
Adnan Karim,
Mrs. Shiraz Iqbal Chaudhry
|
| Petitioners |
Haji Abdul Sattar and others
|
| Respondents |
Farooq Inayat and others
|
| Citations |
2013 SLD 1650,
2013 SCMR 1493
|
| Other Citations |
Not available
|
| Laws Involved |
Limitation Act (IX of 1908),
Evacuee Trust Property (Management and Disposal) Act (XIII of 1975)
|
| Sections |
3,
10(1)
|