| Case ID |
1fe45a36-5dcf-43e3-bd2b-536a582dcbca |
| Body |
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| Case Number |
D-2741 of 2016 |
| Decision Date |
Dec 12, 2006 |
| Hearing Date |
Dec 12, 2006 |
| Decision |
The Lahore High Court set aside the judgments of both the Trial and Appellate Courts and remanded the case back to the Trial Court for further examination and re-evaluation of evidence. The Court directed the Trial Court to call for original records, including Wajib-ul-Araz, and to record the statements of Revenue Officials to ascertain the entitlement of both parties concerning the suit land. The Court emphasized the need to establish ownership before addressing the issues of Adna Malik and Aala Malik. The decision underscores the importance of thorough documentation and evidence in property disputes, particularly those involving land acquisition and adjustments under the Thal Development Authority. |
| Summary |
This case revolves around a dispute over land ownership and possession involving the Thal Development Authority. The petitioners, claiming ownership as successors of an Adna Malik, sought the return of land acquired in 1951. The Trial Court initially dismissed their suit while favoring the respondents. However, upon appeal, the Appellate Court reversed the decision. The Lahore High Court found that the core issue—actual ownership—had not been properly addressed. The Court highlighted the necessity of reviewing revenue records and consulting revenue officials to determine rightful ownership, emphasizing that without establishing ownership, claims of Adna Malik status were secondary. This case reflects significant legal principles regarding land reforms and the complexities of property rights in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD KHALID MEHMOOD KHAN, J
|
| Lawyers |
Malik Allah Wassaya for Petitioners,
Malik Noor Muhammad Awan for Respondents
|
| Petitioners |
10 others,
NUSRAT BIBI
|
| Respondents |
9 others,
ALLAH BAKHSH
|
| Citations |
2010 SLD 2419 = 2010 CLC 1465
|
| Other Citations |
Mandan Gopala and 4 others v. Maran Depari and 3 others PLD 1969 SC 617,
Allah Din v. Habib PLD 1982 SC 465,
Alloo v. Sher Khan and others PLD 1985 SC 382
|
| Laws Involved |
Specific Relief Act (I of 1877),
Thal Development Act (XV of 1949),
West Pakistan Land Reforms Regulations, 1959
|
| Sections |
42,
21,
Para.22
|