| Case ID |
2c87ad25-9c00-4ff1-9920-fa63dd987b46 |
| Body |
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| Case Number |
Civil Appeal No. 23 of 1992 |
| Decision Date |
Apr 27, 1993 |
| Hearing Date |
Feb 07, 1993 |
| Decision |
The Supreme Court dismissed the appeal of Mst. Shero Begum, affirming the lower courts' findings that the consent decree obtained by Abdul Qayyum Khan was not a sale transaction, but rather a legal decree based on adverse possession. The court highlighted that the burden of proof lay with the appellant to demonstrate that the consent decree was indeed a sale, which she failed to do. The testimonies of witnesses were evaluated, confirming that no evidence showed any transaction resembling a sale between the parties. The concurrent findings of both the trial court and the appellate court were upheld, leading to the dismissal of the appeal with costs. |
| Summary |
This case revolves around the legal principles of consent decrees and pre-emption rights under the Azad Jammu and Kashmir Right of Prior Purchase Act, 1993. The appellant, Mst. Shero Begum, contested a consent decree obtained by Abdul Qayyum Khan, which declared that Khan had acquired adverse possession of certain land. Begum argued that the consent decree was a disguised sale and sought possession based on her prior purchase rights. However, the courts consistently found that the consent decree was valid and not a sale, as there was insufficient evidence to support her claims. The case underscores the importance of proving the nature of transactions in property law and affirms the necessity of concrete evidence when contesting adverse possession claims. Legal practitioners must note the implications of this ruling on future pre-emption suits and the evidentiary standards required to challenge consent decrees. Keywords for SEO include 'consent decree', 'adverse possession', 'property law', 'pre-emption rights', and 'legal principles'. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Ashraf Khan,
Basharat Ahmad Shaikh
|
| Lawyers |
Ghulam Mustafa Mughal,
Sardar Muhammad Yasin Khan
|
| Petitioners |
Mst. SHERO BEGUM
|
| Respondents |
another,
ABDUL QAYYUM KHAN
|
| Citations |
1993 SLD 1035,
1993 CLC 2299
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K.),
Civil Procedure Code (V of 1908)
|
| Sections |
14,
O.XXIII, R.3
|