| Case ID |
2e3cc37e-3067-4742-89f6-2637213f0d73 |
| Body |
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| Case Number |
Civil Appeals Nos. 1521 and 1522 of 1999 |
| Decision Date |
Nov 28, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed both appeals, affirming the High Court's decision that there was no valid sale between the parties to create a title. The Court noted that the High Court was not supposed to disturb findings of fact based on evidence through reappraisal in a second appeal unless there was a substantial error or defect in the lower courts' judgments. The appeals were deemed to have no merit as the evidence did not sufficiently support the claims of the appellants regarding the validity of the sales. |
| Summary |
This case revolves around the disputes regarding the ownership of land and the validity of sales claimed by the petitioners. The Supreme Court of Pakistan addressed the reappraisal of evidence and the inherent issues regarding the mutation of land titles. The case highlights the principles of property law, the necessity of valid sales, and the importance of proper judicial processes. The legal arguments presented involved the Specific Relief Act, the Transfer of Property Act, and the Civil Procedure Code, among others. The judgment underscored the significance of clear evidence in establishing ownership claims and the legal ramifications of fraudulent transactions in property dealings. The decision serves as a pivotal reference for future cases involving property disputes and the interpretation of land revenue laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SYED DEEDAR HUSSAIN SHAH,
MUHAMMAD NAWAZ ABBASI
|
| Lawyers |
Ch. Mushtaq Ahmad Khan, Senior Advocate Supreme Court,
C.M. Lateef, Advocate-on-Record,
Muhammad Munir Peracha, Advocate Supreme Court,
Ch. Tanveer Ahmed, Advocate-on-Record
|
| Petitioners |
ASHRAF ALI (deceased) through his legal heirs and others
|
| Respondents |
MARYAM BIBI and 4 others
|
| Citations |
2004 SLD 1209,
2004 SCMR 1536
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973),
Transfer of Property Act (IV of 1882),
West Pakistan Land Revenue Act (XVII of 1967)
|
| Sections |
42,
100,
185(3),
54,
42,
45
|