| Case ID |
2e272cb6-32b6-4538-b87a-73794b0c5f9d |
| Body |
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| Case Number |
C.R. No. 130 of 2014 |
| Decision Date |
Oct 05, 2017 |
| Hearing Date |
|
| Decision |
The High Court upheld the lower court's decree favoring the plaintiffs, establishing that the suit property, designated as Shamilat-e-Deh, was reserved for the Imam of the mosque, thereby preventing the defendant from constructing a house on it. The court concluded that the defendant, having been removed from the position of Imam, had no rights over the property, which was intended solely for the Imam's use in performing religious duties. The ruling emphasized the customary nature of the property assignment and the significance of maintaining its intended religious purpose. |
| Summary |
In a significant ruling by the Peshawar High Court, the case C.R. No. 130 of 2014 examined the rights associated with Shamilat-e-Deh property reserved for the Imam of a mosque under the Specific Relief Act, 1877. The petitioners, represented by Haji Sabir Hussain Tanoli, successfully contested against the actions of the defendant, Muhammad Ayub Khan, who sought to construct a residence on property designated for religious use. The court's decision, rendered by Justice Syed Arshad Ali, underscored the importance of preserving religious sites and the rightful use of land allocated to the Imam, reinforcing the cultural and legal principles governing such properties. This case highlights the intersection of property law and religious duty, particularly in contexts where customary practices dictate land use. The court's ruling serves as a precedent for future disputes involving land designated for religious purposes, ensuring that the integrity of such assignments is maintained. Keywords: Shamilat-e-Deh, Specific Relief Act, Imam's rights, property law, religious land use. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ARSHAD ALI
|
| Lawyers |
Not available
|
| Petitioners |
Haji Sabir Hussain Tanoli
|
| Respondents |
Muhammad Ayub Khan
|
| Citations |
2019 SLD 535,
2019 YLR 560
|
| Other Citations |
Azizur Rahman v. Atai Khan PLD 1976 Pesh. 60,
Muhammad Atiq and others v. Tayubuddin PLD 1998 Pesh. 47,
Mian Tayyaabudin v. Muhammad Atiq PLD 2004 SC 321,
Hakeem Shah v. Sawab Khan PLD 2002 SC 200,
Muhammad Saleem Shah v. Azizur Rhaman Shah PLD 2002 SC 280
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
54
|