| Case ID |
22802e04-2598-4f4f-bd29-abcb8248ce90 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 977/L of 19 |
| Decision Date |
Dec 08, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal in this case to consider several legal issues surrounding a lease agreement executed by a Mutwalli without the necessary court permission. The court aimed to determine if the lease agreement executed in favor of the petitioner’s predecessor existed validly under the law and whether the Mutwalli had a legal obligation to seek prior permission for such agreements. The court also examined if the suit filed by the respondents was barred by limitation. The decision emphasized the importance of adhering to legal procedures in executing long-term leases and the implications of failing to do so. The appeal is to be expedited and heard at an early date, with an interim stay order continuing until then. |
| Summary |
This case revolves around the interpretation of Muhammadan Law concerning the authority of a Mutwalli in executing lease agreements for an extensive duration of 99 years without prior court approval. The Supreme Court of Pakistan was tasked with evaluating the legality of such actions and their implications on property rights under the Constitution of Pakistan (1973), specifically Article 185(3). The court considered the historical context of a previous order from 1938 that purportedly granted the lease and whether it still enured for the benefit of the petitioner. The decision underscored the necessity for legal compliance in property transactions, especially those involving significant timeframes and interests. Legal practitioners and advocates must recognize the critical nature of this ruling for future cases involving similar circumstances. The keywords relevant to this case include 'lease agreements', 'Muhammadan Law', 'Mutwalli', 'Supreme Court of Pakistan', and 'property rights'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD RAFIQ TARAR,
MANZOOR HUSSAIN SIAL
|
| Lawyers |
learned counsel for petitioner,
Ch. Khurshid Ahmed, Advocate
|
| Petitioners |
Mst. IRAM CHEEMA
|
| Respondents |
AUQAF DEPARTMENT through Chief Administrator, Punjab
|
| Citations |
1994 SLD 918,
1994 SCMR 1787
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
185(3)
|