| Case ID |
3d7b3b62-acfc-47f6-9a90-07cc2a712578 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 109 |
| Decision Date |
Jul 30, 1988 |
| Hearing Date |
Jul 30, 1988 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, holding that there was no bar in Section 163 of the West Pakistan Land Revenue Act, 1967, against restarting review proceedings on different grounds even if the initial proceedings had been quashed. The court noted that the subsequent review proceedings were based on different claims regarding the inheritance of the land in question and that the matter was still pending before the Assistant Commissioner for a decision on merits. |
| Summary |
This case revolves around the interpretation of the West Pakistan Land Revenue Act regarding inheritance mutations. The Supreme Court of Pakistan clarified that review proceedings can be initiated on different grounds after prior proceedings have been quashed. The case involved disputes regarding the inheritance of land initially owned by a non-Muslim who embraced Islam before death. The court emphasized the importance of jurisdiction and the differentiation of parties in various proceedings. This ruling supports the legal principle that multiple review requests can be valid under the law, ensuring that rightful claims can still be addressed despite prior dismissals. This case highlights the complexities of land inheritance laws and the procedural rights of parties involved in inheritance disputes, particularly in cases involving evacuee properties. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL
|
| Lawyers |
M. Anwar Sipra, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record
|
| Petitioners |
others,
Mst. NOOR BEGUM
|
| Respondents |
others,
MEMBER, BOARD OF REVENUE
|
| Citations |
1989 SLD 486,
1989 SCMR 285,
1989 SLD 1042
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Land Revenue Act
|
| Sections |
163
|