| Case ID |
2694610f-9c4a-485f-87c8-d7bfe81070f7 |
| Body |
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| Case Number |
Civil Appeal No. K-103 of 1972 |
| Decision Date |
Jan 27, 1981 |
| Hearing Date |
Jan 27, 1981 |
| Decision |
The Supreme Court of Pakistan allowed the appeal, setting aside the judgment of the Sind High Court that had reversed the trial court's decision. The court upheld the findings of fact established by the trial court and the first appellate court, concluding that there was no justification for interfering with their concurrent findings. The case involved a dispute over agricultural land ownership, with the appellant asserting rightful possession based on historical purchase and continuous occupation. The High Court's decision was deemed erroneous for failing to properly evaluate the evidence presented in the case, leading to the restoration of the trial court's decree in favor of the appellant. |
| Summary |
This case concerns a civil appeal regarding land ownership situated in Deh Vakro Jagir, Taluka and District Shikarpur. The appellant, claiming rights over the agricultural land, asserted that his father had purchased the land in 1917 and that he had continuously possessed it. The trial court ruled in favor of the appellant, but this was overturned by the Sind High Court on second appeal. The Supreme Court of Pakistan intervened, emphasizing the importance of concurrent findings of fact and the legality of evidence presented. The ruling reinforced the significance of maintaining trial court decisions unless there is substantial justification for reversal. Keywords: land ownership, agricultural disputes, Supreme Court of Pakistan, civil procedure code, legal precedent, concurrent findings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Sardar Muhammad Bux Khan
|
| Judges |
MUHAMMAD HALEEM,
ABDUL KADIR SHAIKH,
SHAH MUHAMMAD
|
| Lawyers |
S. Nasiruddin,
Vakil Ahmed Kidwai,
A. Aziz Dastagir
|
| Petitioners |
MUHAMMAD HALEEM
|
| Respondents |
OTHERs,
SARDAR HABIBULLAH KHAN
|
| Citations |
1988 SLD 2913,
1988 SCMR 72
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
|
| Sections |
100,
185(3)
|