| Case ID |
2171545a-4fc2-4afc-9b1c-3062fba17ee7 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 1007-L of 1 |
| Decision Date |
Jan 08, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal, concluding that the transaction in question was one of exchange, as determined by the trial court. The High Court's preference for the trial court's finding over the first appellate court's ruling was upheld. The court indicated that the nature of the transaction, whether it was a sale or an exchange, is a question of fact, and the reasons provided by the High Court for its decision were deemed substantial. Thus, the petition was found to lack merit and was dismissed. |
| Summary |
In the case of Civil Petition for Leave to Appeal No. 1007-L of 1992, the Supreme Court of Pakistan addressed the issue of whether a transaction involving the transfer of land was characterized as a sale or an exchange. The case arose from a dispute where the trial court initially determined the transaction as an exchange, denying the petitioner relief of pre-emption. This finding was later reversed by the first appellate court, which classified the transaction as a sale. Upon further appeal, the High Court reinstated the trial court's decision, emphasizing that the determination of the transaction's nature is a factual question. The Supreme Court ultimately upheld the High Court's ruling, affirming the trial court's conclusion and dismissing the petition as lacking merit. This case underscores the importance of factual determinations in property law and the appellate review process in the Pakistani legal system. Key terms such as property transfer, legal transactions, and appellate court decisions are critical for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Saad Saood Jan,
Sajjad Ali Shah
|
| Lawyers |
Not available
|
| Petitioners |
Muhammad Azam
|
| Respondents |
Mst. Zainab Bibi and 16
|
| Citations |
1994 SLD 1015,
1994 SCMR 2043
|
| Other Citations |
Not available
|
| Laws Involved |
Transfer of Property Act (IV of 1882),
Constitution of Pakistan (1973)
|
| Sections |
54,
118,
185(3)
|