| Case ID |
2e7f5306-711d-4d6a-9bdd-789fc50ec0d7 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 113 |
| Decision Date |
Jul 05, 1982 |
| Hearing Date |
|
| Decision |
The petition for leave to appeal was dismissed as the petitioner could not substantiate a legitimate grievance against the report of the Local Commissioner, which was based on documents submitted by the petitioner himself. The Local Commissioner had been appointed by the learned District Judge to evaluate the situation regarding an encroachment dispute. The petitioner had previously raised objections to the report but later withdrew them, indicating that he accepted the findings. Thus, the Supreme Court found no merit in the appeal, affirming the decisions made by the lower courts. |
| Summary |
In the case of Muhammad Zaman vs. Malik Muhammad Amir and Others, the Supreme Court of Pakistan dealt with a civil petition concerning a dispute over land encroachment. The petitioner sought a permanent injunction against the respondents, who he alleged were encroaching upon his property. The case saw the involvement of a Local Commissioner who was tasked with assessing the situation, and the report produced was unfavorable to the petitioner. The petitioner raised objections during the proceedings but later withdrew them, which led to the dismissal of the appeal. The Supreme Court's decision emphasized the importance of the judicial process and the weight of evidence presented by the Local Commissioner. This case highlights critical aspects of property rights, judicial delegation, and the procedural conduct of civil cases in Pakistan. The ruling serves as an important reference for similar disputes in the realm of land encroachment and civil procedure law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH,
SHAFIUR RAHMAN
|
| Lawyers |
Haji M. S. Mahboob Advocate Supreme Court,
Khan Imtiaz Muhammad Khan Advocate on-Record
|
| Petitioners |
MUHAMMAD ZAMAN
|
| Respondents |
OTHERS,
Malik MUHAMMAD AMIR
|
| Citations |
1983 SLD 268,
1983 SCMR 317
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185 (3),
S. 75,
O. 'XXVI, rr. 9 & 16
|