| Case ID |
1f7f5d87-b391-4c25-b15c-abbbbae5bb79 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.1152 of 1988 |
| Decision Date |
Feb 27, 1989 |
| Hearing Date |
Feb 27, 1989 |
| Decision |
The Supreme Court granted leave to appeal regarding the partition of ancestral property which had taken place in contravention of the regulations concerning joint holdings. The case highlighted the issues surrounding the jurisdiction of civil courts in matters of land partition and the public importance of ensuring compliance with the relevant laws. The original partition was contested on grounds of fraud and misrepresentation, leading to a legal battle that necessitated a higher court's intervention. The decision aimed to maintain the status quo while the appeal was considered. |
| Summary |
This case revolves around the partition of ancestral land involving multiple heirs and the legal complexities arising from alleged fraud in the partition process. The Supreme Court of Pakistan evaluated the previous rulings of the Lahore High Court and the additional district judge, focusing on the interpretation of the West Pakistan Land Reforms Regulation, 1959. The judgment underscored the importance of adhering to legal provisions governing joint holdings and their partition, particularly in light of public interest considerations. The case serves as a significant precedent in land reform law, highlighting the need for transparency and legality in property transactions and disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID LQBAL,
USMAN ALI SHAH
|
| Lawyers |
Ch. Khurshid Ahmad, Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record,
Raja Dilshad A.Khan, Advocate Supreme Court
|
| Petitioners |
RAHIM BAKHSH
|
| Respondents |
Mst. ALLAH JAVAI (deceased) through her Legal Heirs and others
|
| Citations |
1989 SLD 1615,
1989 SCMR 1312
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
West Pakistan Land Reforms Regulation, 1959
|
| Sections |
185(3),
M.L.R. 64
|