| Case ID |
38713044-2654-4d36-ae7e-1f46b141bb8d |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 551 L of 19 |
| Decision Date |
Jul 20, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court denied leave to appeal, affirming the Lahore High Court's dismissal of a constitutional petition by the petitioners. The court found that while there may have been an oral agreement between the petitioners and the respondent, it was not binding on the government as it was not reflected in the auction bid or approved by the appropriate authorities. The court concluded that proper sanction from the competent authority was necessary for any claim of co-ownership over the government land. The petitioners' claims were deemed insufficient to warrant interference. |
| Summary |
In a significant judgment by the Supreme Court of Pakistan, the case revolves around the Colonization of Government Lands Act and the validity of oral agreements in land transactions. The petitioners, who claimed to have a joint agreement with the successful bidder, Sher Muhammad, faced challenges in establishing their rights to the land auctioned by the government. The court emphasized the importance of formal approvals and documentation in property transactions involving government land, stating that mere possession or informal agreements do not confer legal rights. The ruling underlines the necessity for clarity and proper procedures in land acquisition processes, which is crucial for legal practitioners and landowners alike. This case serves as a critical reference point in understanding the limitations of oral agreements in property law, particularly in the context of government land. It highlights the need for compliance with statutory requirements and the role of courts in upholding these legal standards, making it an essential read for those engaged in real estate law and government land transactions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
SAAD SAOOD
|
| Lawyers |
Malik Talib Hussain Awan, Advocate,
Sh. Salah-ud-Din, Advocate on-Record,
Ch. Muhammad Ashraf, Advocate,
Ch. Mehdi Khan Mehtab, Advocate on-Record No. 1
|
| Petitioners |
3 others,
ALLAH YAR
|
| Respondents |
2 others,
SHER MUHAMMAD
|
| Citations |
1995 SLD 675,
1995 SCMR 749
|
| Other Citations |
Not available
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act (V of 1912),
Constitution of Pakistan (1973)
|
| Sections |
10,
185(3)
|