| Case ID |
2cced0fd-3c62-400d-ae54-90be7ebacba0 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 39-R of 1983 |
| Decision Date |
Oct 23, 1983 |
| Hearing Date |
Oct 23, 1983 |
| Decision |
The Supreme Court dismissed the petition, affirming that the staircase in question was established as a common facility for all occupants of the property. The Court found that overwhelming evidence supported the conclusion that the staircase was meant for shared access, and the orders from Settlement Authorities corroborated this view. The petitioners' claims for exclusive use were dismissed based on the factual findings that had been consistently upheld through various levels of the judicial process. The Court emphasized the significance of credible evidence and the principle of not disturbing concurrent findings of fact by lower courts. |
| Summary |
In the Supreme Court case, Civil Petition No. 39-R of 1983, the dispute centered around the common use of a staircase in a residential property. The case involved significant legal principles regarding property rights and the interpretation of evidence pertaining to shared facilities. The Court concluded that credible evidence supported the notion of the staircase being for common use, leading to the dismissal of the petitioners' claims for exclusive access. This case highlights the importance of factual findings in property disputes and the role of credible evidence in judicial decisions. It serves as a vital reference for property law, especially in cases involving common areas and the rights of occupants. Keywords such as 'property rights', 'common use', 'Supreme Court rulings', and 'legal disputes' are integral to understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, ACTG. C.J.,
MIAN BURHANUDDIN KHAN, J
|
| Lawyers |
Maulvi Sirajul Haq, Advocate Supreme Court,
M. Afzal Siddiqui, Advocate-on Record
|
| Petitioners |
anothers,
RAJA RAHIM DAD
|
| Respondents |
others,
ZIAUR REHMAN
|
| Citations |
1984 SLD 388,
1984 SCMR 149
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
Art. 185(3),
S. 10
|