| Case ID |
2ba36689-f917-440b-87e2-185f503fad09 |
| Body |
View case body. Login to View |
| Case Number |
Civil appeal No. 1300 of 2019 |
| Decision Date |
May 03, 2023 |
| Hearing Date |
May 03, 2023 |
| Decision |
The Supreme Court dismissed the Civil Appeal filed by the Appellants challenging the Lahore High Court's decision, which had set aside the judgments of the lower courts and dismissed the Appellants' suit for declaration and permanent injunction. The Court found that the Appellants had no locus standi to contest the legality of the gift mutation, which was substantiated through cogent evidence. The Appellants' claim was barred by limitation, as the mutation was executed on 29.12.1981, and the suit was filed on 3.5.1997, almost 15 years later. The Court emphasized the importance of adhering to legal procedures and the validity of evidence presented in lower courts. |
| Summary |
In the case of Mst. FAHEEMAN BEGUM (DECEASED) through L.Rs and others vs. ISLAM-UD-DIN (DECEASED) through L.Rs and others, the Supreme Court of Pakistan examined the legality of a gift mutation concerning a dispute over immovable property. The Appellants contended that the mutation was executed through fraud and was ineffective against their rights. However, the Court upheld the findings of the lower courts, which had established that the mutation was valid and supported by revenue records. The Court reiterated that the Appellants could not challenge the mutation based on vague allegations of fraud, especially since the donor had never contested it during her lifetime. This case underscores the significance of proper legal procedure and the necessity for appellants to substantiate their claims with credible evidence. It highlights the importance of adhering to limitations under civil law, as the Appellants' suit was deemed time-barred. This decision is pivotal for understanding the application of the Civil Procedure Code in matters of property disputes and gift mutations, and it establishes a precedent for future cases involving similar legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sardar Tariq Masood,
Muhammad Ali Mazhar
|
| Lawyers |
Anwar Mubeen Ansari,
Ch. Akhtar Ali
|
| Petitioners |
Mst. FAHEEMAN BEGUM (DECEASED) through L.Rs and others
|
| Respondents |
ISLAM-UD-DIN (DECEASED) through L.Rs and others
|
| Citations |
2023 SCMR 1402,
2023 SLD 1443
|
| Other Citations |
Abdul Haq and another v. Mst. Surrya Begum 2002 SCMR 1330,
Taj Muhammad Khan through L.Rs and another v. Mst. Munawar Jan and others 2009 SCMR 598,
Muhammad Rustam and another v. Mst. Makhan Jan and others 2013 SCMR 299
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
115
|