| Case ID |
2eb13415-67a1-4ede-87fd-1eb286498bb1 |
| Body |
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| Case Number |
Civil Petition No. 114-P of 1984 |
| Decision Date |
May 19, 1984 |
| Hearing Date |
May 19, 1984 |
| Decision |
The Supreme Court dismissed the petition, concluding that the petitioners could not claim ownership based on the entries in the Jamabandis, which indicated their status as tenants rather than owners. The Court emphasized that the previous decisions regarding ownership were not conclusive as the petitioners failed to provide adequate evidence to support their claims of adverse possession. Furthermore, the plea of res judicata was not properly established as it had not been raised in earlier proceedings, making it impermissible to introduce at the Supreme Court level. The case illustrates the importance of proper legal representation and the necessity of substantiating claims with compelling evidence in property disputes. |
| Summary |
This case revolves around a property dispute involving claims of ownership and tenancy. The Supreme Court of Pakistan addressed the issue of land ownership based on entries in Jamabandis, which the petitioners argued supported their claim of ownership through adverse possession. However, the Court ruled that these entries did not substantiate the petitioners' claims, as they were recorded as tenants, and highlighted the lack of sufficient evidence to prove their ownership. The decision also touched upon the principle of res judicata, clarifying that the petitioners could not raise this plea at the Supreme Court stage due to procedural lapses in earlier courts. This case underscores the complexities of property law, particularly in relation to tenant rights and ownership claims, and the significance of presenting a strong legal argument backed by relevant documentation. Keywords: property dispute, adverse possession, ownership claims, tenancy rights, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
M. S. H. QURAISHI, J.
|
| Lawyers |
Attiqur Rehman Qazi, Advocate Supreme Court,
Qasim Imam, Advocate-on-Record
|
| Petitioners |
others,
SHAMSHAD
|
| Respondents |
others,
MUKAMMIL SHAH
|
| Citations |
1984 SLD 701,
1984 SCMR 912
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Land Revenue Act (XVII of 1967),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185 (3),
S. 42,
S. 11
|