| Case ID |
31aac37e-1901-43e9-b9ac-6bb0d7cf628c |
| Body |
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| Case Number |
High Court Appeal No. 186 of 1997 |
| Decision Date |
Oct 20, 1998 |
| Hearing Date |
Oct 06, 1998 |
| Decision |
The appeal was dismissed as the appellant failed to establish a prima facie case for adverse possession. The court held that the provisions of Section 28 of the Limitation Act had ceased to have effect as they were declared repugnant to the Injunctions of Islam. Consequently, the appellant could not claim ownership through adverse possession after the cut-off date of 31-8-1991. The court emphasized that Islamic legal principles take precedence over general laws, and the appellant's continued possession without legal rights did not qualify her for an interim injunction. The order of the trial court was upheld, affirming that the appellant was not entitled to the relief sought. |
| Summary |
This case revolves around the issue of adverse possession and its implications under Islamic law. The Sindh High Court examined the appeal filed by Mrs. Shamim Ara Omrao regarding her claim to a strip of land adjacent to her property. The court addressed the applicability of the Limitation Act, particularly Section 28, which was declared repugnant to Islamic Injunctions. The ruling emphasized that adverse possession must meet specific legal criteria, including continuity, exclusivity, and publicity. The court distinguished between lawful possessors and trespassers, ultimately concluding that the appellant's claim lacked merit. The decision highlighted the higher authority of Islamic laws over general legal provisions, reinforcing the notion that unlawful possession cannot confer ownership rights. This case serves as a crucial reference for understanding the intersection of property rights, Islamic law, and the limitations imposed by statutory provisions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Nazim Hussain Siddiqui,
Raja Qureshi
|
| Lawyers |
Naimur Rehman,
G.H. Abbasi
|
| Petitioners |
Mrs. Shamim Ara Omrao
|
| Respondents |
another,
Qazi Saeed Akbar
|
| Citations |
1999 SLD 1034 = 1999 CLC 1657
|
| Other Citations |
1991 SCMR 2063,
1998 SCMR 1996,
1995 MLD 1962
|
| Laws Involved |
Limitation Act (IX of 1908),
Civil Procedure Code (V of 1908),
Enforcement of Shariah Act (X of 1991)
|
| Sections |
28,
144,
O. XXXIX, Rr. 1 & 2,
4
|