| Case ID |
22cdc695-0c2f-4dbb-aaea-a40084998f7d |
| Body |
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| Case Number |
Civil Petition No. 715 of 2018 |
| Decision Date |
Nov 17, 2021 |
| Hearing Date |
Nov 17, 2021 |
| Decision |
The Supreme Court upheld the decision of the Lahore High Court, which had decreed the suit for declaration filed by the respondents. The court found that the family settlement was valid and binding, as the petitioners had admitted its existence through their attorney. The court also noted that the actions of the Patwari were tainted with mala fide, as he sanctioned a mutation contrary to the family settlement. The petitioners' claims were dismissed and leave to appeal was refused. |
| Summary |
In the case of Civil Petition No. 715 of 2018, the Supreme Court of Pakistan addressed the validity of a family settlement and the subsequent mutation sanctioned by the Patwari. The court emphasized the importance of admissions made by attorneys on behalf of their principals, ruling that such admissions are binding unless proven otherwise. The case involved several legal principles under the Specific Relief Act, Registration Act, and Transfer of Property Act, particularly focusing on the enforceability of family settlements and the fiduciary duties of public officials. The decision reinforced the notion that documentary evidence prevails over oral assertions in legal disputes. The ruling is significant for understanding family law and property rights in Pakistan, particularly regarding the binding nature of family settlements and the duties of revenue officials. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IJAZ UL AHSAN, JUSTICE,
SAJJAD ALI SHAH, JUSTICE
|
| Lawyers |
Aftab Alam Yasir, Advocate Supreme Court for Petitioners,
Shahid Tabassam, Advocate Supreme Court for Respondents Nos. 2 - 5
|
| Petitioners |
MUHAMMAD AKBAR AND OTHERS
|
| Respondents |
PROVINCE OF PUNJAB THROUGH DOR, LODHRAN AND OTHERS
|
| Citations |
2022 SLD 1102,
2022 SCMR 1532
|
| Other Citations |
Anees A. Sheikh v. Col. (Retd.) Ghulam Rasool Qureshi 2005 SCMR 977,
Karachi Metropolitan Corporation, Karachi v. Raheel Ghayas PLD 2002 SC 446,
Allah Dad and 3 others v. Dhuman Khan and 10 others 2005 SCMR 564,
Anwar Khan v. Abdul Manaf 2004 SCMR 126,
Sher Muhammad v. Muhammad Khalid 2004 SCMR 826
|
| Laws Involved |
Specific Relief Act, 1877,
Registration Act, 1908,
Transfer of Property Act, 1882
|
| Sections |
42,
17,
100
|