| Case ID |
16860d2d-9e4d-40a5-89d5-a30a19f274fa |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 1051-L of 1 |
| Decision Date |
May 29, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Mst. Bakhtawar Begum, which sought to challenge the execution of a judgment related to a pre-emption suit. The court found that the petitioner failed to establish her possession over the suit property and did not provide sufficient evidence in her objection petition. As such, the executing court's dismissal of her objection and the Lahore High Court's affirmation of that dismissal were upheld. The Supreme Court noted that possession of the objector was essential for invoking the relevant provisions of the Civil Procedure Code, and the petitioner did not demonstrate that she had been dispossessed as a result of the execution proceedings. |
| Summary |
The case revolves around the execution of a judgment related to a pre-emption suit where Mst. Bakhtawar Begum challenged the execution proceedings, claiming dispossession from immovable property. The Supreme Court of Pakistan reviewed the case and found that the petitioner failed to prove her possession of the suit property. The court emphasized the necessity of demonstrating possession for the objection petition to be valid under the Civil Procedure Code. Ultimately, the petition was dismissed, and the earlier decisions by the lower courts were upheld. This case highlights the importance of establishing possession in property disputes and the procedural requirements for filing objections during execution proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
KHALIL-UR-REHMAN RAMDAY
|
| Lawyers |
Rana Muhammad Sarwar,
C.M. Latif
|
| Petitioners |
Mst. BAKHTAWAR BEGUM
|
| Respondents |
12 others,
AHAD ZAFAR
|
| Citations |
2003 SLD 655,
2003 SCMR 1014
|
| Other Citations |
Ahmed Khan's case PLD 1975 SC 311
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
O. XXI, R. 100,
Art. 185(3)
|