| Case ID |
1744c7a2-20c5-4c60-bde1-0a4c7b4dae01 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 16-R of 199 |
| Decision Date |
Feb 28, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitioners' plea of adverse possession, affirming the concurrent findings of the lower courts. The petitioners failed to adequately discharge the heavy onus of proof required for adverse possession. The courts below found that the petitioners had been recorded as tenants in the Revenue Record, which undermined their claims. Therefore, the Supreme Court refused leave to appeal. |
| Summary |
In this case, the Supreme Court of Pakistan addressed the issue of adverse possession under the Constitution of Pakistan (1973). The petitioners, claiming ownership through adverse possession, were unable to prove their case as required by law. The court emphasized the heavy burden of proof on petitioners in adverse possession claims. The concurrent findings of the Lahore High Court and the Rawalpindi Bench were upheld, leading to the refusal of leave to appeal. Key terms such as adverse possession, legal heirs, and revenue record were central to the decision. This case highlights the complexities of property law and the importance of evidence in establishing claims of ownership. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
RUSTAM S. SIDHWA, J
|
| Lawyers |
Not available
|
| Petitioners |
Mst. HASHIM BIBI through her Legal Heirs and 8 others
|
| Respondents |
JALAL DIN and others
|
| Citations |
1991 SLD 1041,
1991 SCMR 780
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|