| Case ID |
2e042ce4-ae70-4965-9d45-d77146bf5cfc |
| Body |
View case body. Login to View |
| Case Number |
Second Appeal No. 300 of 1950 |
| Decision Date |
Jun 27, 1952 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the compromise entered into by the plaintiffs in the first suit was not conducted in a bona fide or representative capacity, therefore it did not bar a subsequent suit by another reversioner. The court emphasized that any compromise must be made with due care for the interests of the estate. The dismissal of the first suit due to non-payment of the agreed sum was seen as not binding on other reversioners, allowing them to pursue their claims independently. |
| Summary |
In the case of Second Appeal No. 300 of 1950, the Lahore High Court dealt with the issue of res judicata in the context of a declaratory suit under Punjab custom. The plaintiffs, Ali and others, had previously compromised a suit regarding land ownership, but failed to fulfill the terms of the compromise. A subsequent suit was brought by another reversioner, Ali, challenging the earlier decision. The court found that the original plaintiffs had not acted in a representative capacity and their compromise did not prevent other reversioners from filing their suits. The ruling highlighted the importance of bona fide actions by plaintiffs in representative suits and clarified that adverse decisions from previous suits could be contested if the original suit was not conducted fairly. This case underscores the legal principles surrounding reversionary rights and the necessity for equitable treatment in compromises related to property disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CORNELIUS,
SHABIR AHMAD
|
| Lawyers |
Sheikh Muhammad Amin,
S. Nasim Hasan Shah,
Yaqub Ali Khan
|
| Petitioners |
ALI
|
| Respondents |
Mst. ZAINAB BIBI and others
|
| Citations |
1952 SLD 27,
1952 PLD 523
|
| Other Citations |
Mst. Mohan v. Mst. Rali A I R 1935 Lah. 505,
Varamma v. Gopaladasayya I L R 41 Mad. 659,
Venkatanarayana Pillai v. Subbammal I L R 38 Mad. 406,
Janaki Ammal v. Narayanasami Aiyer I L R 39 Mad. 634,
Muhammad Malik v. Ali Muhammad 1938 PLR 108,
Mohendra Nath Biswas v. Shamsunnessa Khautn 27 I C 954,
Khunni Lal v. Gobinda Krishna Narain 38 I A 87,
Hiran Bibi v. Sohan Bibi 24 I C 309,
Abdur Rahim v. Muhammad Barkat Ali 55 I A 96
|
| Laws Involved |
Not available
|
| Sections |
Not available
|