| Case ID |
253995db-7352-4822-9867-f44340e7e85d |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 1406-L of 1 |
| Decision Date |
Jun 20, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the Lahore High Court judgment dated 23-6-1999 in Civil Revision No. 381-D of 1983. The petitioners sought a declaration of title based on oral sale and adverse possession, but failed to present adequate evidence to support their claims. The court found that the petitioners had been recorded as 'Ghair Dakheelkar' in the Jamabandi Register since 1937-38, indicating they were tenants-at-will. The concurrent findings of three lower courts did not reveal any legal or factual infirmities, and thus the petition was dismissed with leave to appeal refused. |
| Summary |
In the Supreme Court case of Civil Petition for Leave to Appeal No. 1406-L of 1999, the petitioners, JAM BALLI alias WALI and others, contested a decision regarding their claim of title based on adverse possession. The legal issue revolved around the Specific Relief Act and the Constitution of Pakistan, particularly Article 185(3). The court emphasized that a tenant cannot assert ownership against the real owner, thus upholding the lower courts' findings that the petitioners, recorded as tenants-at-will since 1937-38, were not entitled to a decree on the basis of adverse possession. This case highlights the importance of adequate evidence in property claims and sets a precedent regarding tenant rights versus ownership claims. Legal practitioners should note the implications of this decision on future cases involving adverse possession and tenant rights, as it underscores the necessity for clear evidence in property disputes. This case is significant for advocates dealing with real estate law, tenant rights, and property disputes, making it a relevant reference point for ongoing legal discussions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Ch. Ali Muhammad, Advocate Supreme Court,
Syed Abul Aasim Jafri, Advocate-on-Record
|
| Petitioners |
JAM BALLI alias WALI through Legal Heirs and others
|
| Respondents |
MEHAR KHAN through Legal Heirs and others
|
| Citations |
2003 SLD 545,
2003 SCMR 1013
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Constitution of Pakistan (1973)
|
| Sections |
42,
Art. 185(3)
|