| Case ID |
3d835b69-2842-46f7-ab1b-bf6771d64a2b |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 621 of 1993 |
| Decision Date |
Feb 08, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition seeking leave to appeal against the judgment of the Single Judge of the Peshawar High Court. The Court upheld the validity of the consent decree which granted the tenant a 1/2 share of the land, while the owners retained the remaining 1/2 share. Despite the consent decree, a mutation was attested showing the entire land in the tenant's occupancy. The Trial Court decreed in favor of the owners for their 1/2 share, a decision upheld by the Appellate and High Courts. The Supreme Court found no merit in the petitioner's arguments, confirming the decrees of the lower courts and refusing leave to appeal. |
| Summary |
In the landmark case of Civil Petition No. 621 of 1993, adjudicated by the Supreme Court of Pakistan on February 8, 1994, key legal principles under the North-West Frontier Province Tenancy Act, 1950 and the Constitution of Pakistan, 1973 were examined. The dispute centered around a consent decree that allocated a 1/2 share of land to the tenant and the remaining 1/2 share to the owners. Despite this decree, an unauthorized mutation was registered in favor of the tenant for the entire property, leading to litigation. The Trial Court validated the consent decree, granting the owners their rightful share, a decision upheld by both the Appellate Court and the High Court. The petitioner challenged these rulings, asserting their entitlement to full occupancy rights. However, the Supreme Court dismissed the petition, reinforcing the precedence of consent decrees and the importance of proper legal documentation in tenancy and land dispute resolutions. This case underscores the judiciary's role in upholding contractual agreements and safeguarding property rights, offering pivotal insights for legal practitioners and stakeholders in land and tenancy law. Trending keywords such as 'Supreme Court decisions', 'tenancy law Pakistan', 'land dispute resolution', and 'consent decree validity' highlight the case's relevance in contemporary legal discourse, ensuring high SEO optimization and accessibility for those researching Pakistani legal frameworks and case law precedents. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Village Pohar,
District Abbottabad
|
| Judges |
SAEEDUZZAMAN SIDDIQUI,
MANZOOR HUSSAIN SIAL
|
| Lawyers |
Not available
|
| Petitioners |
SADIQ HUSSAIN SHAH,
ZAMIN SHAH
|
| Respondents |
|
| Citations |
1994 SLD 945,
1994 SCMR 1868
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Tenancy Act, 1950,
Constitution of Pakistan, 1973
|
| Sections |
4,
185 (3)
|