| Case ID |
177930e5-b14b-4059-9f17-d441541e9cce |
| Body |
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| Case Number |
Civil Appeal No. 1829 of 1998 |
| Decision Date |
Sep 29, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court set aside the judgment passed by the Lahore High Court and remanded the case for a fresh decision on merits. The Court reasoned that the High Court had erred in remanding the case without adequately addressing the misreading of material evidence. The concurrent findings of the two lower courts were deemed to have resulted from a misinterpretation of the evidence, which warranted a thorough reevaluation of the case by the High Court. The judgment emphasized the necessity for the Trial Court to reconsider the evidence and the observations made on striking features of the case, ensuring that the legal rights of the parties were preserved in accordance with the law. |
| Summary |
In the case of Civil Appeal No. 1829 of 1998, the Supreme Court of Pakistan reviewed a decision from the Lahore High Court regarding a dispute over a land gift. The gift, originally made by Moulia to his grandson Muhammad Jaffar, was contested by Moulia's daughter and collaterals, who claimed it was fraudulent. The trial court ruled in favor of the challengers, but the Lahore High Court later remanded the case back to the trial court for a fresh decision. The Supreme Court ultimately found that the High Court had incorrectly intervened and set aside its judgment, mandating a reevaluation of the evidence presented. This case highlights key themes in land disputes, the interpretation of gift laws, and the procedural intricacies of civil appeals in Pakistan, making it relevant for legal practitioners and scholars interested in civil procedure and property law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
QAZI MUHAMMAD FAROOQ,
HAMID ALI MIRZA
|
| Lawyers |
Syed Misbahul Hasan Abidi,
S. Inayat Hussain,
M. Zaman Bhatti,
M.A. Zaidi
|
| Petitioners |
Aurangzeb Khan,
Khuda Bakhsh
|
| Respondents |
Muhammad Jaffar alias Jaffar
|
| Citations |
2002 SLD 1240,
2002 SCMR 767
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
115,
15,
185(3)
|