| Case ID |
36c05dae-877e-4317-aa3a-be8049e16810 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 763-L of 1999 |
| Decision Date |
May 07, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by Muhammad Munir against the Lahore High Court's decision which upheld the dismissal of his suit for specific performance of a sale agreement. The Court determined that despite having a registered sale-deed, the petitioner had not maintained possession of the land since 1967 and had surrendered it back to the vendor, which significantly undermined his claim. The Court highlighted the importance of possessing rights over the property and ruled that the subsequent transfers of the land to other parties were valid, rendering the petitioner's claim void. The decision emphasized that entries in the mutation records do not confer ownership and cannot annul a registered sale-deed. The Court found no merit in the petitioner's argument and confirmed that the entire transaction was shrouded in mystery with no legal grounds to support the petitioner's claims. |
| Summary |
This case revolves around a dispute concerning the specific performance of a sale agreement under the Specific Relief Act, involving property rights and the validity of transactions under the Transfer of Property Act. The Supreme Court of Pakistan evaluated the case where the petitioner, Muhammad Munir, claimed to be a bona fide purchaser of the land after a sale-deed was executed in his favor. However, the Court found that the petitioner had not taken possession of the land and had surrendered it back to the original vendor, thus lacking any legal standing to enforce the sale agreement. The judgment underscored the necessity of maintaining possession to validate ownership claims and determined that the subsequent transactions involving the land were legally sound, thereby dismissing the petitioner's appeal. This case is significant in understanding property law and the complexities involved in determining rightful ownership. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Ch. Muhammad Afzal Wahla,
Mahmood A. Qureshi
|
| Petitioners |
MUHAMMAD MUNIR
|
| Respondents |
others,
MUHAMMAD SALEEM
|
| Citations |
2004 SLD 1207,
2004 SCMR 1530
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Transfer of Property Act (IV of 1882),
Constitution of Pakistan (1973),
West Pakistan Land Revenue Act (XVII of 1967)
|
| Sections |
12,
41,
185(3),
39,
42
|