| Case ID |
2381b803-78cf-4a8f-af14-c11d53758308 |
| Body |
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| Case Number |
Civil Revisions Nos. 950 and 951 of 1995 |
| Decision Date |
Jan 15, 1996 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the revision petitions filed by Muhammad Mumtaz against the trial court's order requiring him to pay a deficiency in court fee. The court concluded that the suit for declaration of ownership was to be valued based on the gift deed, aligning with the provisions of Section 7(iv-A) of the Court Fees Act. The petitioner's failure to challenge the cancellation of the mutation and the lack of a proper prayer in the plaint led to the dismissal. The court also noted that the petitioner had ample opportunity to address the deficiency before the expiration of the allowed time, rendering the revision petition without merit and dismissed it with costs. |
| Summary |
In the case of 'Muhammad Mumtaz vs. Muhammad Mukhtar', the Lahore High Court addressed the issue of court fee valuation in a suit claiming ownership based on a gift deed. The court emphasized the necessity of adhering to Section 7(iv-A) of the Court Fees Act (VII of 1870), which mandates that ownership claims be valued according to the gift deed's terms. The petitioner, who sought to declare his ownership of land in Mangowal Khurd, faced a challenge when the respondents requested a reassessment of the court fee based on the land's market value. The trial court sided with the respondents, leading to this revision petition. The High Court ultimately dismissed the petition, affirming the trial court's decision and highlighting the importance of compliance with procedural requirements, as well as the significance of timely action in legal matters. This case underscores the critical nature of proper valuation in legal proceedings and the adherence to established legal frameworks surrounding court fees. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IHSAN-UL-HAQ CHAUDHRY, J
|
| Lawyers |
Khan Younus Khan,
Ch. Muhammad Ashraf Azeem
|
| Petitioners |
MUHAMMAD MUMTAZ
|
| Respondents |
MUHAMMAD MUKHTAR
|
| Citations |
1996 SLD 1513,
1996 CLC 1620
|
| Other Citations |
Bashir Ahmad v. Mushtaq Ahmed PLD 1985 Lah. 112
|
| Laws Involved |
Court Fees Act (VII of 1870)
|
| Sections |
7(iv-A)
|