| Case ID |
1aa84a77-6bfe-47cc-a6cf-9904cded86c1 |
| Body |
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| Case Number |
Civil Petition No. 280 of 1980 |
| Decision Date |
May 25, 1985 |
| Hearing Date |
May 25, 1985 |
| Decision |
The Supreme Court of Pakistan dismissed the petition, asserting that the contention regarding the sale-deed not creating or conferring any title could not be raised as it was not presented before the High Court. The case had been previously examined and rejected, establishing that there was no basis for interference by the Supreme Court. The petition was thereby dismissed, affirming the earlier decisions made by the lower courts. |
| Summary |
This case revolves around a dispute over a house possession claim by Allah Yar Khan, who alleged ownership based on a sale-deed from Sultan Mahmood. The initial suit was dismissed, but an appeal led to a decree in favor of the respondent. Following a revision application to the Lahore High Court, which was also dismissed, the petitioner sought further appeal at the Supreme Court. The Supreme Court ruled that arguments not previously raised before the High Court could not be introduced at this stage, thus upholding the previous court's dismissal. This decision underscores the importance of procedural adherence in legal disputes and the principle that issues must be raised at the appropriate judicial level. The ruling also emphasizes the court's reluctance to interfere with findings of fact established by lower courts. The case illustrates critical aspects of property law and the implications of the Registration Act in establishing title claims. Keywords: Supreme Court, property dispute, legal procedure, sale-deed, title claim, Registration Act, appeal process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
M.S.H. QURAISHI
|
| Lawyers |
G.A. Farid Khan,
Rana Maqbool Ahmad Kadri,
Shehzad Jehangir
|
| Petitioners |
Muzaffar Khan
|
| Respondents |
Allah Yar Khan
|
| Citations |
1985 SLD 984,
1985 SCMR 1881
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Registration Act
|
| Sections |
Art. 185(3),
17(1)(b),
49
|