| Case ID |
31cb26ca-57c5-4392-937d-b72a61a1ccb8 |
| Body |
View case body. Login to View |
| Case Number |
LPA No. 152 of 1970 |
| Decision Date |
Nov 22, 1995 |
| Hearing Date |
Nov 22, 1995 |
| Decision |
The Lahore High Court allowed LPA No. 152 of 1970, affirming that the petitioner, Akhtar Hussain, had valid title to the property auctioned in his favor. The court found that the delivery of possession was not necessary for the transfer of title, which was completed with the issuance of the sale certificate under Order XXI, Rule 94 of the Civil Procedure Code. The court rejected the respondent's claims of adverse possession due to a lack of evidence showing that the judgment-debtor's possession was hostile. The decision of the previous court, which ruled the application was barred by limitation under Article 142 of the Limitation Act, was found to be incorrect; Article 144 was deemed applicable. The court concluded that mere possession for any length of time does not extinguish the title of the rightful owner. |
| Summary |
In the case of LPA No. 152 of 1970, the Lahore High Court addressed issues related to property rights following a court auction. The case revolved around the interpretation of the Civil Procedure Code and the Limitation Act, particularly concerning the rights of auction purchasers versus the claims of former owners. The court established that the title of Akhtar Hussain was valid as he had legally purchased the property through an auction, and the execution of the sale certificate was sufficient to confer ownership. The court emphasized that possession issues could be resolved outside of court, and adverse possession claims from the judgment-debtors were not supported by evidence. This ruling reinforces the legal principles surrounding property ownership and the significance of proper auction procedures in determining rightful ownership. Keywords to note include 'property rights', 'court auction', 'Civil Procedure Code', 'Limitation Act', 'adverse possession', and 'legal title'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IHSAN-UL-HAQ CHAUDHRY
|
| Lawyers |
Mian Saqib Nisar for Appellants,
Nemo for Respondent No. 1,
Javed Iqbal for the Remaining Respondents
|
| Petitioners |
Mst. JAMILA AKHTAR and others
|
| Respondents |
CUSTODIAN, EVACUEE PROPERTY and others
|
| Citations |
1996 SLD 1322,
1996 PLD 149
|
| Other Citations |
Pathaperumal v. Chidambaram AIR 1954 Mad. 760,
Jadav Chandra v. Akrur Chandra AIR 1930 Cal. 586,
Ali Ahmad v. Muhammad Fazal PLD 1973 Lah. 207,
Maqbool Ahmad v. Government of Pakistan 1991 SCMR 2063,
Mir Laik Ali v. Standard Vacuum Oil Co. (Esso) PLD 1964 SC 220,
Dadhu Mia v. Rahimuddin PLD 1964 Dacca 655,
Shafiur Rehman v. Jane Alam Dobash, Mutwalli Waqf Estate 1971 DLC 161,
Abdul Hamid v. Custodian, Evacuee Property PLD 1969 Lah. 404,
Vasudeo Atmaram Joshi v. Eknath Balkrisana Thite (1910) 35 Bom. 79,
Habib-ur-Rehman v. Ziarat Gul 1990 SCMR 1706,
Bashiruddin Fariadar v. Saradindu Narayan Roy CLJ 102 (IX PC) 1934,
Khisro Nawaz v. Khanimullah and others PLD 1962 Pesh. 124,
Jogandra Chandra Kapali Choudhary and another v. Arjun Chandra Kapali and others PLD 1964 Dacca 498,
Israr Bai v. Settlement Commissioner PLD 1965 (W.P.) Kar. 252
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908)
|
| Sections |
O. XXI, Rr. 92,
O. XXI, Rr. 94,
O. XXI, Rr. 95,
Art. 142,
Art. 144
|