| Case ID |
3d49e333-01ed-42d4-8e4b-25cba4db7c4d |
| Body |
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| Case Number |
Civil Appeal No. 1310 of 1998 |
| Decision Date |
Dec 01, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal filed by the appellants, restoring the judgment of the First Appellate Court. The court found that the High Court had erred in its decision regarding the nature of possession of the suit-land. The appellants’ predecessors had donated usufructs of the land to the Imam Masjid in lieu of services, thus maintaining a tenancy rather than ownership by the respondents. The claim of adverse possession by the respondents was rejected, as their possession was not adverse in nature due to the ongoing functions performed by the Imam Masjid. Consequently, the High Court's judgment was set aside, and the original decision favoring the appellants was reinstated. |
| Summary |
In the case of Civil Appeal No. 1310 of 1998, the Supreme Court of Pakistan addressed the complexities surrounding the possession of immovable property under the Specific Relief Act. The dispute arose from claims over a land parcel measuring 24 Kanals and 18 Marlas, originally owned by Mian Burhan-un-Din, who had donated the usufructs to the Imam Masjid as part of his services. The court examined the legal implications of possession and ownership, specifically focusing on the concept of adverse possession claimed by the respondents. The ruling emphasized the importance of historical revenue records, which indicated that the respondents had been in possession as tenants rather than owners. The decision reinforced the necessity of substantiating claims of ownership with credible evidence and underscored the significance of the roles played by religious figures in property disputes. This case serves as a pivotal reference in understanding property rights, tenancy agreements, and the legal intricacies of adverse possession, making it a valuable resource for legal practitioners and scholars alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH,
IFTIKHAR MUHAMMAD CHAUDHARY,
RANA BHAGWANDAS
|
| Lawyers |
Abdul Samad Khan,
Abdul Aziz Kundi
|
| Petitioners |
Mian TAYYIB-UDDIN and others
|
| Respondents |
MUHAMMAD ATIQ through Legal Heirs and others
|
| Citations |
2004 SLD 2824,
2004 PLD 321
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877)
|
| Sections |
8
|