| Case ID |
2e79dcfb-40a9-4aa5-871e-54fa89867376 |
| Body |
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| Case Number |
Civil Petitions Nos.183 and 48 of 1991 |
| Decision Date |
Mar 03, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal in Civil Petition No.48 of 1991, allowing the petitioner to argue that they were entitled to costs of improvement made on land, as their evidence was unchallenged by the respondent. The court found that the lower courts had misread the evidence and failed to grant appropriate compensation. In contrast, the petition in Civil Petition No.183 of 1991 was dismissed as the objection regarding the execution of the decree was upheld. The execution proceedings were stayed without requiring security. |
| Summary |
The case revolves around the appeal by Karam Hussain regarding the improvements made on a disputed piece of land and the subsequent compensation for those improvements. The Supreme Court of Pakistan addressed the validity of the evidence presented by the petitioner, which was not countered by the respondent. This case emphasizes the importance of properly considering evidence in property disputes and the rights of individuals to receive compensation for enhancements made to land. The decision highlights the court's role in rectifying errors made by lower courts in interpreting evidence and ensuring fair compensation is awarded, especially in cases involving land improvements. Key legal principles from the Constitution of Pakistan, particularly Article 185(3), were applied to grant leave for appeal. This case serves as a significant reference for future disputes concerning property rights and improvements, reinforcing the necessity for thorough judicial review. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL QADEER CHAUDHRY,
WALI MUHAMMAD KHAN
|
| Lawyers |
MUHAMMAD ASLAM KHAN
|
| Petitioners |
KARAM HUSSAIN
|
| Respondents |
Not available
|
| Citations |
1992 SLD 695 = 1992 SCMR 1439
|
| Other Citations |
Abdul Qayyum v. Ali Asghar Shah 1992 S C M R 241
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|