| Case ID |
1ac273be-a37d-4f81-a0ee-3dd672f50ccb |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No.333-R of 198 |
| Decision Date |
Oct 22, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the findings of the Lahore High Court, which had dismissed the plaintiffs' suit based on the principle of res judicata. The petitioners argued that previous judgments did not apply to them as they were not parties to earlier litigation. However, the High Court found that even excluding those judgments, the petitioners failed to establish their title to the disputed property. The Court concluded that the defendant had held the property adversely for the required period, thus affirming the lower courts' decisions. The petition was dismissed, reinforcing the importance of presenting a strong case based on individual rights rather than relying on the weaknesses of the opposition. |
| Summary |
This case revolves around the principle of res judicata as applied in civil litigation. The petitioners, Yousaf Khan and others, sought to reclaim possession of a property, claiming that previous judgments did not bar their suit since some plaintiffs were not part of earlier litigation. The Supreme Court of Pakistan, however, found that the Lahore High Court had validly upheld the dismissal of the suit, emphasizing that mere absence from prior litigation did not grant ownership rights. The decision underscores the necessity for plaintiffs to substantiate their claims independently, and highlights the complexities of property law, particularly regarding adverse possession and legal standing in civil suits. Key terms include res judicata, adverse possession, civil procedure, and ownership rights, which are crucial in legal discourses surrounding property disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
S. USMAN ALI SHAH
|
| Lawyers |
M. Munir Peracha,
Manzoor Ellahi
|
| Petitioners |
others,
YOUSAF KHAN
|
| Respondents |
DOST MUHAMMAD
|
| Citations |
1990 SLD 825,
1990 SCMR 873
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
S.11,
Art.185(3)
|