| Case ID |
37af4a9c-0854-49c6-87d5-485e1297e03f |
| Body |
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| Case Number |
Civil Appeal No.65 of 1976 |
| Decision Date |
Dec 03, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal by the defendant, affirming the findings of the lower courts. The court noted that the sale of the disputed property was without consideration and was executed under undue influence exerted by the vendee over the vendor, who was old and in poor health at the time of the transaction. The court emphasized that the plaintiff had established his right to the property based on the evidence presented, which demonstrated that the sale was not valid due to the absence of consideration and the influence exerted by the defendant. The court found no error in the lower courts' conclusions and upheld their judgments. |
| Summary |
This case revolves around a civil dispute concerning property ownership between two brothers, Qazi Altaf Hussain and Ishfaq Hussain. The Supreme Court of Pakistan addressed several critical legal issues, including the principles governing the admission of second appeals and the implications of undue influence in property transactions. The court found that the sale of a residential property conducted by an elderly and ailing father was not valid as it lacked consideration and was executed under undue influence from one son over the other. This case highlights significant aspects of property law, particularly in relation to the validity of sales under duress, and reinforces the necessity for clear consent in property transactions. The court's decision serves as a precedent in matters of property disputes and the legal standards for determining undue influence, making it a crucial reference for future cases involving similar issues. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
MUHAMMAD AFZAL ZULLAH, JJ
|
| Lawyers |
Riaz Ahmad Pirzada,
Ch. Akhtar Ali,
Karim Bakhsh,
Yaqub Hussain Zaidi
|
| Petitioners |
Qazi ALTAF HUSSAIN,
Mst. Haji Begum
|
| Respondents |
ISHFAQ HUSSAIN
|
| Citations |
1986 SLD 882,
1986 SCMR 1427
|
| Other Citations |
Ramchandra v : Laxman A I R 1945 P C 54,
Abdullah Khan v . Nisar Muhammad Khan P L D 1965 S C 690,
Hamido Begum v. Murad Begum P L D 1975 S C 624,
Risal Singh v. Monohar A I R 1927 Lah, 748,
Raghavendra v. Venkatasaml A I R 1930 Mad. 251,
Muhammad Hayat v. Muhammad Nawaz P L D 1971 S C 366,
Pirla v. Noora P L D 1978 Lah. 6
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908),
Registration Act (XIV of 1908)
|
| Sections |
Art. 185(3),
S. 100,
O. XXI, R. 101,
O. XIX, R.5,
S. 9,
S. 60
|