| Case ID |
39d13e63-3535-40bd-ab4c-ab8c1c73919a |
| Body |
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| Case Number |
Civil Petition No.111-P of 2014 |
| Decision Date |
May 29, 2014 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal of Mian Jan, reversing the judgments of the lower courts which had dismissed his suit for ownership of land based on a sale deed registered in 1965. The Court held that the absence of khasra numbers and area in the sale deed did not invalidate the transaction, as the laws and practices at the time were different. The Court emphasized that the deed should be evaluated according to the legal standards and practices prevalent at the time of its execution. The decision recognized the legitimacy of the sale deed, leading to the decree in favor of the petitioner. |
| Summary |
In the landmark case of Mian Jan vs. Mian Pir Jan, the Supreme Court of Pakistan addressed critical issues regarding property ownership and the validity of sale deeds in the context of historical legal frameworks. The case revolved around a dispute over a land transaction that occurred in 1965, during a time when the region of Swat was not fully integrated into the national legal system. The petitioner, Mian Jan, argued that he was the rightful owner of a specified parcel of land, supported by a sale deed that lacked certain modern-day legal identifiers like khasra numbers. The Court's ruling underscored the importance of evaluating legal documents based on the practices and laws in place at the time of their execution, rather than imposing contemporary standards retroactively. This case highlights significant themes such as property rights, the evolution of legal practices, and the Supreme Court's role in interpreting historical legal contexts, which are vital for understanding the dynamics of land ownership disputes in Pakistan. Keywords: property ownership, sale deed validity, Supreme Court of Pakistan, historical legal practices, land disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIR-UL-MULK,
AMIR HANI MUSLIM,
IJAZ AHMED CHAUDHRY
|
| Lawyers |
Zia-ur-Rahman,
Zulfiqar Ali Abbasi
|
| Petitioners |
Mian Jan
|
| Respondents |
others,
Mian PIR JAN
|
| Citations |
2015 SLD 1360 = 2015 SCMR 298
|
| Other Citations |
Not available
|
| Laws Involved |
Transfer of Property Act (IV of 1882),
Registration Act (XVI of 1908),
Constitution of Pakistan
|
| Sections |
54,
17,
185(3)
|