| Case ID |
4674115d-3188-4f5b-8a18-bd7b163a8585 |
| Body |
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| Case Number |
Civil Appeal No. 21P of 1972 |
| Decision Date |
Apr 10, 1975 |
| Hearing Date |
Feb 12, 1975 |
| Decision |
The Supreme Court accepted the appeal filed by Mst. Bibi Jan, setting aside the judgment of the High Court and remanding the case for a fresh disposal. The Court found that the relationship between Mst. Bibi Jan and Farid Khan was established through un-rebutted evidence, thus affirming her superior right of pre-emption over the disputed land. The court underscored that findings based on misreading or misrepresentation of evidence warrant interference in second appeals, emphasizing the need for careful appraisal of all evidence presented. This decision reflects the court's commitment to ensuring justice is served, particularly in cases involving property rights and familial relationships. |
| Summary |
In the case of Mst. Bibi Jan vs. Habib Khan, the Supreme Court of Pakistan addressed significant issues regarding property rights and the superior right of pre-emption. The case revolved around a dispute over a 7 marla land in Campbellpur, which Mst. Bibi Jan claimed as a superior heir of Farid Khan, the vendor. The initial consent decree granted to Mst. Bibi Jan was challenged by Habib Khan, who alleged collusion and questioned the sale price. The Supreme Court's decision reinforced the importance of proper evidence in determining familial relationships and emphasized the discretionary power of the court to reopen cases in the interest of justice. The ruling highlighted that the misreading of evidence can lead to erroneous conclusions, which are not immune from review in second appeals. This case serves as an important precedent in property law and the interpretation of pre-emption rights in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD GUL,
MUHAMMAD AFZAL CHEEMA
|
| Lawyers |
S. Usman Ali Khan, Advocate Supreme Court,
M. Qasim Imam, Advocate-on-Record
|
| Petitioners |
Mst. Bibi Jan
|
| Respondents |
ANOTHER,
Habib Khan
|
| Citations |
1975 SLD 367,
1975 PLD 295
|
| Other Citations |
Hayat v. The State P L D 1957 S C (Pak.) 207,
Noora and another v. The State P L D 1973 S C 469,
Nazir Ahmad v. Meter Diva and others 1969 S C M R 53,
Manhelal and another v. Umrao Singh A I R 1931 P C 33,
M. Saghir Bhatti A Sons v. The Federation of Pakistan and another P L D 1958 S C (Pak.) 221,
Karamat All and another v. Muhammad Younas and others P L D 1963 S C 191,
Charan Das and others v. Amir Khan and others A I R 1921 P C 50,
Khairaiti and 4 others v. Aleem-ud-Din and another P L. D 1973 S C 295,
Durga Chowdhrani v. Jewahir Singh Chowdhri I L R 18 Cal. 23 (P C),
Bharpura v. Diwan Chand A I R 1940 Lah. 329,
Fatima v. Khuda Bux and others P L D 1.959 Lab. 826,
Nazar Muhammad and another v. Mst. Shahzada Begum and another P L D 1974 S C 22
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185,
Art. 187,
S. 100
|