| Case ID |
2e6bca71-2934-439e-8132-5b30b308591d |
| Body |
View case body. Login to View |
| Case Number |
C.P.L.A. No. 2151-L of 2001 |
| Decision Date |
Jan 04, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Inayat Khan and others, and refused leave to appeal. The court held that the respondents had purchased the land in question from the allottees before the suit was filed, and there was no fraud or misrepresentation involved. The petitioners failed to impleade the Custodian of Evacuee Property as a defendant, rendering the suit liable for dismissal. Additionally, the longstanding entries in Jamabandis provided a presumption of truth, and the Civil Court lacked jurisdiction to determine the status of evacuee property. Based on these grounds and the conduct of the petitioners, the Supreme Court was not inclined to exercise its discretion in favor of the petitioners, resulting in the dismissal of the petition. |
| Summary |
In the landmark case C.P.L.A. No. 2151-L of 2001, adjudicated by the Supreme Court of Pakistan on January 4, 2007, the court addressed a complex dispute over land possession involving prominent legal principles and statutory interpretations. The petitioners, Inayat Khan and others, sought the recovery of possession of land that was mortgaged by their predecessors in 1924-25 to two Hindu brothers. The core of the dispute revolved around the arbitration award from 1929, which was allegedly misconstrued by the Collector in 1929, leading to the mutation being sanctioned in favor of the mortgagees. The petitioners contended that the High Court erred in setting aside the concurrent decrees of the Trial Court and the Lower Appellate Court.
The Supreme Court meticulously examined the facts, noting that the respondents had lawfully purchased the land from the allottees before the petitioners filed their suit in 1973. This purchase, occurring well after the original mortgage and arbitration award, indicated no fraud or misrepresentation by the respondents or the allottees. Furthermore, the court highlighted that the suit was filed without impleading the Custodian of Evacuee Property, a crucial defendant, thereby lacking jurisdiction. The longstanding entries in Jamabandis were deemed to have a presumption of truth, reinforcing the validity of the mutation sanctioned in 1929.
The court also emphasized the limited jurisdiction of Civil Courts in matters pertaining to evacuee property, referencing several precedents to support its decision. The petitioners' failure to challenge the original Collector's order within the stipulated time frame further weakened their position. Additionally, the Supreme Court underscored the discretionary nature of constitutional jurisdiction and the principle that those seeking equity must come with clean hands.
Key legal frameworks cited included the Specific Relief Act, 1877, Sections 8; Civil Procedure Code (V of 1908), Sections O.I,R.9; Constitution of Pakistan, 1973, Section 185(3); and the West Pakistan Land Revenue Act, (XVII of 1967), Section 42. The decision also referenced multiple other cases, including Muhammad Jamil Asghar's case PLD 1965 SC 698 and Zafar Iqbal's case NLR 1996 UC 452, to substantiate the legal reasoning.
In conclusion, the Supreme Court affirmed the decisions of the lower courts, denying the petitioners' appeal and refusing leave to appeal. The judgment reinforced the sanctity of duly sanctioned mutations, the importance of procedural adherence in legal filings, and the judiciary's role in upholding equitable principles without overstepping jurisdictional boundaries. This decision serves as a pivotal reference for future land possession disputes, emphasizing the necessity of transparent transactions and adherence to legal protocols in property-related litigation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FAQIR MUHAMMAD KHOKHAR,
CH. IJAZ AHMED
|
| Lawyers |
Saeed-ur-Rehman Farrukh, Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record for Petitioners,
Mubbashir Latif Ahmad, Advocate Supreme Court,
Mahmood-ul-Islam, Advocate-on-Record for Respondents
|
| Petitioners |
others,
INAYAT KHAN
|
| Respondents |
others,
ALLAH DITTA
|
| Citations |
2007 SLD 541,
2007 SCMR 655
|
| Other Citations |
Muhammad Jamil Asghar's case PLD 1965 SC 698,
S. Sharif Ahmad Hashmi's case 1980 SCMR 711,
Zafar Iqbal's case NLR 1996 UC 452,
Muhammad Ramzan's case NLR. 1995 UC 43,
Haji Saifullah Khan's case PLD 1989 SC 166,
Wali Muhammad's case PLD 1974 SC 106,
Khawaja Sharif's case PLD 1988 Lah. 725,
G.M. Malik's case 1990 CLC 1783,
Nawab Syed Raunak Ali's case PLD 1973 SC 236,
Rana Muhammad Arshad's case 1998 SCMR 1462 rel.
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973,
West Pakistan Land Revenue Act, (XVII of 1967)
|
| Sections |
8,
O.I,R.9,
185(3),
42
|