| Case ID |
37fafe61-c09d-4d74-8952-1f8d96fe254c |
| Body |
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| Case Number |
R.S.A. No. 38 of 1982 |
| Decision Date |
May 20, 2003 |
| Hearing Date |
May 20, 2003 |
| Decision |
The Lahore High Court remanded the case back to the First Appellate Court to consider the plea of the appellant regarding the competency of the vendor to execute the sale-deed. The original trial court had dismissed the suit, determining that neither party had established lawful ownership of the disputed property. The High Court accepted the plea for amendment of plaint, allowing the appellant to argue that Muhammad Ismail, the predecessor-in-interest, was a legal heir of Mst. Rahiman and thus had the right to sell the property. The case highlights the importance of ownership rights and the complexities of legal inheritance in property disputes, ensuring that the proper legal procedures are followed to ascertain rightful ownership. |
| Summary |
In the case of Mst. Zubeda Begum vs. Mst. Sat Bharai, the Lahore High Court dealt with a property dispute concerning a sale-deed. The appellant claimed that the sale-deed executed by the respondent was forged, while the trial court found that neither party could prove their title to the property. The court emphasized the need for legal heirs to properly establish their rights in property transactions, particularly in cases involving inheritance. The decision underscored the necessity for procedural fairness in legal proceedings, allowing for amendments to pleadings when necessary to ensure justice is served. The case is significant in understanding property law, inheritance rights, and the procedural aspects of the legal system in Pakistan, reinforcing the need for clear evidence in ownership claims. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Not available
|
| Judges |
tanvir bashir ansari
|
| Lawyers |
Sh. Zamir Hussain,
Mr. Muhammad Munir Peracha,
Mrs. Zahida Ameen
|
| Petitioners |
Mst. ZUBEDA BEGUM
|
| Respondents |
Mst. SAT BHARAI (deceased) through Legal Representatives
|
| Citations |
2004 SLD 3311,
2004 PLJ 188
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
39,
17,
100
|