| Case ID |
3875ed28-b4f3-4231-a3db-3adc64c9f4bf |
| Body |
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| Case Number |
Civil Appeal No. 52-P of 1972 |
| Decision Date |
Apr 20, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal filed by Mehrab Shah's legal heirs, affirming the decisions of the lower courts. The courts had found that Mehrab Shah failed to provide adequate evidence to support his claim of adverse possession and instead abandoned this plea in favor of a claim of inheritance. The Court noted that the entries in the revenue records favored the plaintiffs, and the lack of documentary evidence from Mehrab Shah led to the dismissal of his claims. The Court upheld the trial court's decision to favor the plaintiffs, thus reinforcing the precedence of cultivation entries over Lagan entries in revenue records. The appeal was dismissed with the parties bearing their own costs. |
| Summary |
In the case of Mehrab Shah vs. Shah Zaman, the Supreme Court of Pakistan dealt with issues surrounding adverse possession and inheritance claims related to land ownership. The case arose from a dispute where the plaintiffs accused Mehrab Shah of fraudulently obtaining possession of land without rightful claim, leading to a legal battle that traversed multiple court levels. The Supreme Court ultimately upheld the lower court's decision, which had determined that the plaintiffs held rightful ownership based on revenue records. The court emphasized the importance of documentary evidence in land disputes and clarified the legal principles governing adverse possession. This decision underscores the necessity for defendants in property disputes to substantiate their claims with credible evidence and the legal significance of revenue documentation in establishing ownership rights. Keywords: adverse possession, land ownership, legal principles, revenue records, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Dorab Patel, Acting C.J.,
Muhammad Haleem,
G. Safdar Shah,
Abdul Qadir Shaikh
|
| Lawyers |
Mr. Naqashband
|
| Petitioners |
Mehrab Shah through his Legal Heirs
|
| Respondents |
Shah Zaman and others
|
| Citations |
1985 SLD 494,
1985 SCMR 497
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Land Revenue Act (XVII of 1967),
Limitation Act (IX of 1908),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185(3),
S. 39,
Art. 144,
S. 9
|