| Case ID |
389d05a2-a5a8-4539-83ea-35be88ac7b3e |
| Body |
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| Case Number |
Civil Appeal No.101/82 |
| Decision Date |
Feb 13, 1989 |
| Hearing Date |
|
| Decision |
The appeal was dismissed with costs. The court concluded that the appellant's suit was barred by the statute of limitations. The evidence showed that the local Jirga had taken possession of the property after the death of the original landowner and had distributed it among its members. The appellant was unable to establish his claim of co-ownership, and his previous attempts to claim the property were rejected. The court emphasized that the members of the Jirga had perfected their title through adverse possession, and the appellant's claims were not substantiated by sufficient evidence. |
| Summary |
This case revolves around the dispute over property ownership following the death of Mansab Ali in 1907. The Supreme Court of Pakistan addressed the appeal regarding the dismissal of the appellant's suit for possession of land and residential houses in Malakand Agency. The court examined the actions taken by the local Jirga, which had taken possession of the property and distributed it after the death of the landowner and his widow. The appellant claimed to be a co-heir, but the court found that previous judgments and the statute of limitations barred his claim. The decision underscored the importance of timely legal action and the implications of adverse possession in property disputes. The case highlights legal principles related to property rights, limitations, and the impact of local customs on land ownership. The court's ruling emphasizes the necessity for clear evidence of ownership and the challenges faced by claimants in proving their rights over disputed property. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFUIR RAHMAN,
SAAD SAOOD JAN,
USMAN ALI SHAH
|
| Lawyers |
Abdul Hakim Khan, Advocate Supreme Court,
M. Shah Badshah, Advocate Supreme Court,
Jan Muhammad, Advocate-on-Record
|
| Petitioners |
Syed HAZRAT SAID
|
| Respondents |
Capt. ABDUR RASHEED
|
| Citations |
1990 SLD 468 = 1990 SCMR 114
|
| Other Citations |
Usman Kasim Sait v. Secretary of State A I R 1923 Mad. 624,
Orendra Chandra Singh v. Bulaqi Ram A I R 1942 All. 1,
Nagar Palika, Bina v. Shrinandlal A I R 1961 Madh. Pra. 212
|
| Laws Involved |
Limitation Act (IX of 1908),
Constitution of Pakistan (1973)
|
| Sections |
Art.144,
Art.185(3)
|