| Case ID |
14623491-91d5-418c-9fe4-f948583d6732 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 539 of 1982 |
| Decision Date |
Aug 03, 1988 |
| Hearing Date |
Aug 03, 1988 |
| Decision |
The Supreme Court of Pakistan refused leave to appeal in the case concerning a declaratory suit dismissed by the Lahore High Court. The petitioners claimed ownership of disputed land, supported by revenue records and adverse possession. However, the Court upheld the findings of the lower courts, stating that the evidence did not support the petitioners' claims of exclusive ownership. The Court found that the petitioners could not establish adverse possession against co-sharers and that the entries in the revenue record did not validate their claim. The decision concluded that the petitioners had no case to succeed, leading to the dismissal of their petition. |
| Summary |
In the case of Civil Petition No. 539 of 1982, the Supreme Court of Pakistan dealt with a matter involving a declaratory suit concerning land ownership. The petitioners, Ghauns Bakhsh and others, sought to appeal the dismissal of their suit by the Lahore High Court. They argued their ownership based on revenue records and claims of adverse possession. The Court, however, upheld the findings of the lower courts, indicating that the petitioners' claims lacked sufficient legal grounding. The Supreme Court emphasized the importance of the revenue records and the implications of co-sharership, which precluded the petitioners from successfully claiming adverse possession. This case highlights significant aspects of property law in Pakistan, particularly regarding ownership disputes and the evidentiary standards required in such cases. The decision underscores the need for clear legal ownership in property disputes and the challenges faced when multiple parties claim rights over the same land. Keywords such as 'land ownership', 'declaratory suit', 'adverse possession', and 'property law in Pakistan' are critical to understanding the legal principles at play in this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL
|
| Lawyers |
|
| Petitioners |
GHAUNS BAKHSH and others
|
| Respondents |
BUDHA and others
|
| Citations |
1988 SLD 2889,
1988 SCMR 1979
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
185(3),
5.100
|