| Case ID |
2b95ee19-d245-4607-810a-13da3bc3eb0d |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal, No.74-L of 200 |
| Decision Date |
May 22, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the Lahore High Court's judgment, which had upheld the lower courts' findings. The petitioners failed to establish ownership of the disputed property based on Nautore and adverse possession, as they were recorded as tenants in the Revenue Record. The Court found no legal infirmity in the lower courts' decisions, which had determined the factual controversy in favor of the respondents based on credible oral and documentary evidence. The petitioners could not convert their permissive possession into adverse possession without proving an adverse title for the required period. |
| Summary |
In the case at hand, the Supreme Court of Pakistan ruled on a civil petition concerning the ownership of disputed property. The petitioners, Mst. Saddo Mai and others, claimed ownership based on Nautore and adverse possession. However, the court found that they had failed to provide adequate evidence to support their claims, as they were listed as tenants in the Revenue Record. The case hinged on the principles of adverse possession, which require clear proof of uninterrupted possession and an assertion of ownership against the true owners. The court emphasized that mere documentation of possession was insufficient to establish ownership. This decision reinforces the importance of substantive evidence in property disputes and clarifies the legal standards regarding adverse possession and tenant rights. Keywords for SEO include 'adverse possession', 'property rights', 'Supreme Court of Pakistan', and 'legal ownership disputes'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
TANVIR AHMED KHAN
|
| Lawyers |
Mian Muhammad Nawaz
|
| Petitioners |
others,
Mst. SADDO MAI
|
| Respondents |
others,
ALI TAHIR SHAH
|
| Citations |
2004 SLD 905,
2004 SCMR 380
|
| Other Citations |
PLD 1986 SC 1991,
PLD 1989 SC 485,
1991 SCMR 2063
|
| Laws Involved |
Specific Relief Act (I of 1877),
Constitution of Pakistan (1973)
|
| Sections |
42,
185(3)
|