| Case ID |
51282b4e-cf4a-48be-975f-83d650dff9ae |
| Body |
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| Case Number |
C.A. No. 1300 of 2019 |
| Decision Date |
May 03, 2023 |
| Hearing Date |
May 03, 2023 |
| Decision |
The appeal was dismissed on the basis that the appellants failed to prove the allegations of fraud and the burden of proof regarding the disputed property. The courts below had already established the legitimacy of the mutation in question, which was executed in accordance with law. The High Court found that the suit was barred by limitation as it was filed significantly after the mutation was executed. The appellants did not provide sufficient evidence to challenge the findings of the lower courts, leading to the conclusion that there were no grounds for interference by the Supreme Court. |
| Summary |
This case revolves around a dispute regarding ownership of agricultural property and the validity of a mutation executed in favor of the respondents. The appellants claimed to be co-owners of a specific share in the property and argued that the mutation was fraudulent and did not comply with legal requirements. The Supreme Court upheld the decisions of the lower courts, emphasizing the importance of credible evidence and the burden of proof in civil disputes. The ruling reinforces the principles of property law and the necessity for clear evidence in claims of fraud. This case highlights the complexities involved in property disputes and the critical role of documentation and legal procedure in establishing ownership rights. The decision serves as a significant reference for future cases regarding co-ownership and the validity of property mutations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sardar Tariq Masood,
Muhammad Ali Mazhar
|
| Lawyers |
Anwar Mubeen Ansari, ASC,
Ch. Akhtar Ali, AOR
|
| Petitioners |
Mst. FAHEEMAN BEGUM (DECEASED) through L.Rs and others
|
| Respondents |
ISLAM-UD-DIN (DECEASED) through L.Rs and others
|
| Citations |
2024 SLD 4630,
2024 PLJ 75
|
| Other Citations |
Abdul Haq and another v. Mst. Surrya Begum and others (2002 SCMR 1330),
Muhammad Rustam and another v. Mst. Makhan Jan and others (2013 SCMR 299),
Taj Muhammad Khan through L.Rs and another v. Mst. Munawar Jan and 2 others (2009 SCMR 598)
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
54,
115
|