| Case ID |
2e80db3b-36f9-4834-b7e0-5ff621fda664 |
| Body |
View case body. Login to View |
| Case Number |
C.A. No. 1267 of 1988 |
| Decision Date |
Sep 19, 2003 |
| Hearing Date |
Jun 10, 2003 |
| Decision |
The appeal was dismissed with no order as to costs. The court upheld the findings of the trial court regarding the possession of the plaintiffs and wrongful dispossession by the defendant. The trial court's appraisal of evidence was neither arbitrary nor did it suffer from any misreading. The essential ingredients for a suit under Section 9 of the Specific Relief Act were established, including proof of previous possession and wrongful dispossession within the stipulated period. The appellant's claim of title was not substantiated, thus reinforcing the rights of the respondents to recover possession. |
| Summary |
This case revolves around the dispute between Canal View Cooperative Housing Society and Javed Iqbal regarding possession of land. The Supreme Court of Pakistan evaluated the essential requirements under the Specific Relief Act, 1877, particularly Section 9, which emphasizes the need for proof of previous possession and wrongful dispossession. The court found that the plaintiffs had established their case effectively, as they were dispossessed against their consent and without legal procedure. The judgment reinforces the principle that previous possession is sufficient to claim recovery of land, even in the absence of title. This case highlights the importance of lawful possession and the protection against forcible dispossession, aligning with current legal trends emphasizing property rights and the rule of law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Rana Bhagwandas,
Syed Deedar Hussain Shah
|
| Lawyers |
Chaudhry Khurshid Ahmad, Sr. ASC,
Mr. Muhammad Yasin Chughtai, ASC
|
| Petitioners |
CANAL VIEW CO-OPERATIVE HOUSING SOCIETY
|
| Respondents |
another,
JAVED IQBAL
|
| Citations |
2004 SLD 3125,
2004 PLJ 137
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act, 1877,
Constitution of Pakistan, 1973
|
| Sections |
9,
185
|