| Case ID |
22a895c8-f9a4-4d3b-925a-c3a4e288691e |
| Body |
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| Case Number |
Civil Appeal No.869 of 1984 |
| Decision Date |
Jun 11, 1991 |
| Hearing Date |
|
| Decision |
This appeal arises from a case dealt under Land Reforms Regulation 64 of 1959. The respondent, Syed Abbas Shah, was a declarant who had units exceeding the limit set by law. A gift was allegedly made to his daughter, Mst. Fehmida Begum, but serious factual controversies arose regarding the validity and completion of this gift. The parties agreed that previous judgments by the High Court should not be treated as final nor operate as res judicata concerning an appeal pending in the Lahore High Court. The appeal was disposed of based on the terms agreed upon by the parties, with no costs ordered. |
| Summary |
This case revolves around the complexities of land reforms and the legal implications of a gift made under the Land Reforms Regulation. The Supreme Court of Pakistan addressed the procedural aspects of appeals, particularly in cases where prior judgments may affect ongoing litigation. The court emphasized the importance of resolving factual disputes without prejudice to the parties involved. The ruling highlights the significance of compromise in legal proceedings, especially when multiple parties and complex histories are involved. This case serves as a critical reference for understanding the principles of res judicata and the handling of appeals in civil litigation, particularly concerning land reforms and familial disputes over property. Keywords: land reforms, civil procedure, appeal, compromise, res judicata, Pakistan law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
THE PROVINCE OF PUNJAB,
Syed MUHAMMAD ABBAS SHAH,
Mst. Fehmida Begum
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
SAAD SAOOD, JAN, J
|
| Lawyers |
|
| Petitioners |
,
Syed MUHAMMAD ABBAS SHAH
|
| Respondents |
4 others,
THE PROVINCE OF PUNJAB
|
| Citations |
1993 SLD 554,
1993 SCMR 252
|
| Other Citations |
Writ Petition No.908 of 1976,
Writ Petition No.484 of 1976
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
O.XXIII, R.3,
Art.185
|