| Case ID |
45236bf6-285e-461c-8c57-02aaeaab1fa3 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 43 |
| Decision Date |
Apr 07, 1980 |
| Hearing Date |
Apr 07, 1980 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Muhammad Aslam Khan, affirming the decisions of the lower courts which found that he had dispossessed the respondent Gohar Aman of agricultural land without due process of law. The court noted that three concurrent findings against the petitioner indicated that he must surrender possession to the respondent. The court emphasized the importance of legal possession and due process, stating that the evidence presented showed the respondent had a rightful claim to the land based on historical possession records and relevant documentation. The petitioner's arguments were deemed insufficient as they were not raised in prior proceedings, and the court upheld the lower courts' decrees. |
| Summary |
This case revolves around the legal dispute concerning agricultural land in Tehsil and District Mansehra. Muhammad Aslam Khan, as the petitioner, contested the decision made by the Civil Judge, which ruled in favor of Gohar Aman, the respondent, affirming that the petitioner had unlawfully dispossessed the respondent from the land. The Supreme Court emphasized the significance of legal possession and the necessity of following due process in such disputes. The court's decision highlights the legal principles surrounding co-ownership and possession rights, ensuring that rightful claims are recognized and protected under the Constitution of Pakistan. This case serves as a crucial reference for understanding agricultural land disputes and the legal frameworks that govern them. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Dorab Patel,
G. Safdar Shah
|
| Lawyers |
Qazi Abdur Rashid, Advocate,
M. Yaqub Hussain Zaidi, Advocate-on-Record
|
| Petitioners |
Muhammad Aslam Khan
|
| Respondents |
8 Others,
Gohar Aman
|
| Citations |
1980 SLD 437,
1980 SCMR 888
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185 (3)
|