| Case ID |
3d86bc6a-a4aa-48d4-9ba6-e1d30c6f76c9 |
| Body |
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| Case Number |
Civil Petition No. 3958 of 2019 |
| Decision Date |
Feb 02, 2022 |
| Hearing Date |
Feb 02, 2022 |
| Decision |
The Supreme Court of Pakistan, presided by Justices Sajjad Ali Shah, Sayyed Mazahar Ali Akbar Naqvi, and Muhammad Ali Mazhar, converted the Civil Petition No. 3958 of 2019 into a Civil Appeal. The Court set aside the judgment of the Lahore High Court dated 25.09.2019 in Civil Revision No. 140 of 2016 and restored the judgments and decrees of the Trial Court and Appellate Court. The decision emphasized the lack of evidence provided by the respondent to substantiate claims of being bedridden during the mutation process and upheld the genuineness of the mutation document. The Court also highlighted the respondent's failure to seek consequential reliefs, such as possession and cancellation of the mutation entry, making the suit for declaration alone not maintainable under Section 42 of the Specific Relief Act, 1877. Furthermore, the Supreme Court affirmed the limited scope of the High Court's revisional jurisdiction under Section 115 of the Civil Procedure Code, ensuring that concurrent findings by lower courts are upheld unless there is a clear jurisdictional error or misappreciation of evidence. The final judgment reinforced the principles of burden of proof and the necessity of sufficient evidence in land revenue and property disputes, ensuring the protection of legitimate property transactions and the integrity of mutation records. |
| Summary |
In the landmark decision of Civil Petition No. 3958 of 2019, the Supreme Court of Pakistan meticulously examined the validity of a land mutation dispute under the Punjab Land Revenue Act, 1967, Specific Relief Act, 1877, and the Civil Procedure Code (V of 1908). The petitioner, Nasir Ali, challenged the authenticity of a mutation document favoring Muhammad Asghar, alleging deceit and fraudulent transaction. Represented by Advocate Mian Muhammad Hussain Chotya, the petitioner failed to provide substantial evidence to support claims of being bedridden during the signing of the mutation, weakening the credibility of his assertions. Conversely, the respondent, Muhammad Asghar, supported by Advocate Mian Muhammad Hanif, presented robust evidence including witness testimonies from Revenue Officers and Lambardars, confirming the genuine execution and attestation of the mutation documents. The Court emphasized the importance of the burden of proof resting on the party challenging the mutation, as stipulated in Section 117 of the Specific Relief Act and reinforced by the Qanun-e-Shahadat, 1984. Additionally, the absence of consequential reliefs such as possession and cancellation of the mutation entry under Section 42 rendered the petitioner’s suit for declaration alone inadequate. The Supreme Court upheld the judgments of the lower courts, stressing the necessity for clear and convincing evidence in property disputes and the limited scope of the High Court’s revisional jurisdiction. This decision underscores the judiciary’s commitment to safeguarding legitimate property transactions, ensuring that mutations are executed with integrity, and reinforcing the legal principles governing land revenue and property rights in Pakistan. Keywords: Supreme Court of Pakistan, land mutation dispute, Punjab Land Revenue Act, Specific Relief Act, burden of proof, property rights, legal integrity, mutation authenticity, judiciary decisions Pakistan, Civil Petition No. 3958 of 2019. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
Muhammad Asghar,
Supreme Court of Pakistan,
Civil Procedure Code (V of 1908),
Nasir Ali,
Punjab Land Revenue Act, 1967,
Specific Relief Act, 1877
|
| Judges |
SAJJAD ALI SHAH, JUSTICE,
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE,
MUHAMMAD ALI MAZHAR, JUSTICE
|
| Lawyers |
Mian Muhammad Hussain Chotya, Advocate Supreme Court,
Mian Muhammad Hanif, Advocate Supreme Court
|
| Petitioners |
NASIR ALI
|
| Respondents |
MUHAMMAD ASGHAR
|
| Citations |
2022 SLD 1043,
2022 SCMR 1054
|
| Other Citations |
Secretary to Government (West Pakistan) now N.W.F.P. Department of Agriculture and Forests, Peshawar and 4 others v. Kazi Abdul Kafil PLD 1978 SC 242,
Ali Muhammad and another v. Muhammad Bashir and another 2012 SCMR 930,
Dr. Faqir Muhammad v. Maj. Amir Muhammad and others 1982 SCMR 1178,
Cantonment Board through Executive Officer, Cantt. Board, Rawalpindi v. Ikhlaq Ahmed and others 2014 SCMR 161,
Atiq-ur-Rehman v. Muhammad Amin PLD 2006 SC 309,
Sultan Muhammad and another v. Muhammad Qasim and others 2010 SCMR 1630,
Muhammad Akram and another v. Altaf Ahmad (PLD 2003 SC 688),
Rehmatullah and others v. Saleh Khan and others (2007 SCMR 729),
Karam Shah v. Mst. Ghulam Fatima and 3 others (1988 CLC 1812),
Ghulam Muhammad v. Mukhtar Ahmad and others (1992 MLD 1335),
Arshad Khan v. Mst. Resham Jan and others (2005 SCMR 1859),
Wali Muhammad v. Muhammad Bux (AIR 1930 PC 91)
|
| Laws Involved |
Punjab Land Revenue Act, 1967,
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
117,
42,
O.II,R.2,
115
|