Case ID |
204eec19-5dc7-42da-a841-9fb57bea1f0a |
Body |
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Case Number |
Civil Petition No.451-L of 2002 |
Decision Date |
Aug 21, 2008 |
Hearing Date |
|
Decision |
The Supreme Court dismissed the petition for leave to appeal, upholding the decisions of the lower courts. The court determined that the petitioners failed to challenge the entries in the revenue record regarding the ownership of the suit property. The respondents had legally acquired the property from the petitioners' brother, Nazir Ahmed, and the subsequent cancellation of the mutation by the Collector was deemed ineffective against the rights of the respondents, who were not made parties in that application. The court found no legal flaw in the prior judgments and upheld the ownership of the respondents. |
Summary |
In this case, the Supreme Court of Pakistan addressed a dispute over property ownership under the Specific Relief Act, 1877 and the Constitution of Pakistan. The case involved a petition by Khalil Ahmad and others against Rehmat Ali and others, concerning a suit property mutated in favor of Nazir Ahmed, a brother of the petitioners. The court analyzed the legality of the sale of the property to the respondents by Nazir Ahmed and the subsequent cancellation of the mutation order by the Collector. The ruling emphasized the importance of properly impleading all necessary parties in property disputes, as failure to do so can render orders ineffective. This case highlights critical aspects of property rights, the necessity for due process in legal proceedings, and the implications of revenue records in ownership claims. This decision is significant for understanding property law and the legal principles governing ownership disputes in Pakistan. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
MIAN HAMID FAROOQ,
MUHAMMAD FARRUKH MAHMUD
|
Lawyers |
Not available
|
Petitioners |
others,
KHALIL AHMAD
|
Respondents |
others,
REHMAT ALI
|
Citations |
2009 SLD 1701,
2009 SCMR 742
|
Other Citations |
Not available
|
Laws Involved |
Specific Relief Act, 1877,
Constitution of Pakistan, 1973
|
Sections |
42,
185(3)
|