| Case ID |
4643cbc4-74cf-479d-982a-0c720ed22d54 |
| Body |
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| Case Number |
Criminal Appeal No. 93 of 1969 |
| Decision Date |
May 07, 1971 |
| Hearing Date |
May 07, 1971 |
| Decision |
The Supreme Court upheld the order of the Magistrate to vacate the attachment of the property and restore possession to Mst. Fatima. The Court emphasized that the proceedings under section 145 of the Criminal Procedure Code are of a preventive nature and must respect the orders of the civil court. The court ruled that the Magistrate acted within his jurisdiction in directing the restoration of possession based on the temporary injunction issued by the civil court, affirming that such actions are necessary to maintain peace and prevent further disputes over the land in question. |
| Summary |
This case revolves around a dispute concerning the possession of agricultural land measuring 875 kanals, located in village Bagga, District Gujrat. The conflict originated after the death of Muhammad Ali, whose widow, Mst. Fatima, succeeded to his estate under customary law. The appellants, claiming shares under Muhammadan Law, attempted to take possession of the land, leading Mst. Fatima to file a civil suit for a declaration and permanent injunction against them. The civil court issued a temporary injunction to maintain the status quo, which the appellants sought to challenge through criminal proceedings under section 145 of the Criminal Procedure Code. The Supreme Court ultimately upheld the Magistrate's order to restore possession to Mst. Fatima, emphasizing the importance of the civil court's authority in matters of property rights and the necessity to prevent disturbances of peace. This case highlights the interplay between civil and criminal jurisdictions in property disputes and the legal safeguards available to protect rightful possession. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
M. R. KHAN,
WAHIDUDDIN AHMAD,
SALAUDDIN AHMED
|
| Lawyers |
Ch. Muhammad Anwar Buttar,
Syed Wajid Hussain,
Syed Jamil Hussain Rizvi,
Mushtaq Ahmad,
Muhammad Abdullah Bajwa,
Ijaz Ali
|
| Petitioners |
Ghulam Nabi,
SHERA,
Baqri
|
| Respondents |
Mst. FATIMA,
Mst. Naziran,
Mehn,
Nadir
|
| Citations |
1971 SLD 271,
1971 SCMR 449
|
| Other Citations |
Shah Muhammad v. Haq Nawaz and another P L D 1970 S C 470,
Abdul Gani Bepari v. Sahed Ali Majhi and others P L D 1970 Dacca 246
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
145,
146
|