| Case ID |
41c47cf4-70af-448a-aadf-a84f94a1e895 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 19- |
| Decision Date |
Apr 20, 1972 |
| Hearing Date |
Apr 20, 1972 |
| Decision |
The petitioners, representing themselves, contested the validity of a compromise decree which was purportedly the result of fraud. The Supreme Court upheld the lower court's decision that the petitioners could seek restitution by suing for the return of money paid in compliance with the earlier decree. The court concluded that since the prior decree had been set aside, the petitioners were not entitled to the shares they claimed, and should seek restitution through appropriate legal channels. The case emphasizes the importance of legal recourse for parties involved in compromised agreements and the necessity of adhering to judicial decrees. |
| Summary |
This case revolves around a partition suit where the petitioners challenged a compromise decree claiming it was fraudulent. The Supreme Court of Pakistan ruled that the petitioners could recover money from the respondents if they chose to sue, following the invalidation of a previous decree. The decision highlights significant legal principles regarding compromise decrees in partition suits, emphasizing the need for transparency and fairness in legal proceedings. The ruling underscores the importance of legal representation and the rights of parties in property disputes, making it a pivotal case in property law. Key terms include partition suit, compromise decree, fraud, restitution, and judicial decree, which are essential for understanding legal proceedings in similar contexts. Understanding these facets can help legal practitioners navigate complex property disputes effectively. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
WAHEEDUDDIN AHMAD,
SALAHUDDIN AHMED
|
| Lawyers |
Not available
|
| Petitioners |
Mian ABDUL RASHEED KHAN,
Abdul Majid,
Abdur Rashid
|
| Respondents |
Mst. NAZIR AKHTAR,
Abdul Latif,
Mst. ZAKIA
|
| Citations |
1972 SLD 158,
1972 SCMR 211
|
| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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