| Case ID |
155532ba-1b2d-4c32-8b9f-f642a3578e98 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No.380-R of 198 |
| Decision Date |
Feb 26, 1990 |
| Hearing Date |
|
| Decision |
Leave to appeal is being sought by a defendant against the dismissal by the High Court of his civil revision which had arisen out of a dispute between the parties regarding possession of land in the Shamlat Deh. The suit of the respondent's side for declaration and permanent injunction to the effect that the plaintiff was owner of the Deh and that the suit land being Shamlat, his possession thereof could not be interfered with till partition, was dismissed. The plaintiffs' appeal was allowed, and his suit was decreed. The petitioner's civil revision was dismissed on the finding that the plaintiff was in possession of the disputed land. The contention raised was that while giving some importance to a part of the Revenue Record which went in plaintiff's favour, the Courts below had ignored those entries which were in favour of the defendant. The court granted leave to appeal, indicating that the questions raised require further examination. |
| Summary |
The case revolves around a dispute regarding possession of land in Shamlat Deh under the West Pakistan Land Revenue Act. The plaintiff sought a declaration of ownership and a permanent injunction against interference in possession until partition, which was initially dismissed by the trial court but later decreed upon appeal. The ruling was contested by the defendant, who argued that the lower courts overlooked significant entries in the revenue records favoring the defendant while giving undue weight to those supporting the plaintiff. The Supreme Court granted leave to appeal, emphasizing the necessity of examining the questions raised, particularly regarding the legal interpretations of land ownership and rights under the Land Revenue Act. This case highlights the complexities of land disputes in Pakistan and the importance of thorough examination of revenue records in adjudicating such matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
MUHAMMAD AFZAL ZILLAH, C.J.,
RUSTAM S. SIDHWA, J.
|
| Lawyers |
Learned counsel for the petitioner
|
| Petitioners |
ATTA MUHAMMAD,
Sahibzada MANZOOR AHMAD through Legal Heirs and others
|
| Respondents |
|
| Citations |
1991 SLD 1308,
1991 SCMR 1648
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Land Revenue Act (XVII of 1967),
Constitution of Pakistan (1973)
|
| Sections |
42(7),
Art. 185(3)
|