| Case ID |
155fbea2-985c-4c1d-a054-92fdae17b4a2 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal Rio, 69 |
| Decision Date |
Nov 28, 1975 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the High Court's order to remand the case for a fresh trial, emphasizing the importance of resolving the genuineness of the sale deed in question. The court noted that the trial court had failed to frame an issue regarding the authenticity of the sale deed dated August 15, 1909, which was central to the dispute. The court affirmed that the additional issues framed by the High Court were material for the fair disposal of the case, thus supporting the decision to remand the case for further examination. |
| Summary |
This case revolves around a property dispute involving multiple parties and historical sale deeds. The petitioners claimed ownership of a disputed site based on a series of transactions dating back to 1908. The main legal contention was the authenticity of a sale deed dated August 15, 1909, which the petitioners argued was forged. The trial court's oversight in not addressing the genuineness of this document led to the High Court's intervention, which remanded the case for a fresh trial to properly address the critical issues. In essence, this case underscores the necessity for thorough examination of historical transactions in property disputes, highlighting the complexities involved in real estate law and the importance of due process in judicial proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SALAHUDDIN AHMED,
MUHAMMAD GUL
|
| Lawyers |
Pir Bakhsh Khan, Senior Advocate Supreme Court,
M. Qasim Imam, Advocate-on-Record
|
| Petitioners |
others,
Syed AHMAD SHAH
|
| Respondents |
OTHERS,
MUHAMMAD JAMIL
|
| Citations |
1976 SLD 254,
1976 SCMR 288
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|