| Case ID |
5cb14e11-8198-4526-a575-8ba00ee6d6d1 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No-296-R of 198 |
| Decision Date |
Mar 21, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan, in its decision dated March 21, 1990, refused leave to appeal against the judgment of the Peshawar High Court, which had maintained that the petitioner, Mst. Shamim Akhtar, was entitled only to 'Qabza Malkana' and not to actual possession of the suit land. The court determined that the previous findings of the High Court had obtained finality, and the petitioner had not pursued the matter further after the High Court's ruling. The court concluded that the lower courts' decisions were consistent with the law, affirming the High Court's view that the decree holder was entitled to symbolic possession rather than physical possession. The court addressed concerns over the petitioner's rights, clarifying that she would still have legal recourse against the respondents, who would be treated as tenants. Therefore, the leave to appeal was denied. |
| Summary |
In the case of Mst. Shamim Akhtar vs. Muhammad Sadiq and others, the Supreme Court of Pakistan addressed critical issues surrounding pre-emption rights and symbolic possession under the North-West Frontier Province Pre-emption Act of 1950. The petitioner obtained a pre-emption decree for the suit land, but the execution application was contested, leading to a determination that she was only entitled to 'Qabza Malkana'. This case is significant in highlighting the legal interpretations of possession rights in property law, particularly in pre-emption cases. The Supreme Court upheld the findings of the lower courts, emphasizing the importance of finality in judicial decisions and the legal standing of tenants in similar disputes. The ruling reinforces the boundaries of property rights and the procedural nuances in civil litigation, making it a pivotal reference for future cases involving pre-emption and possession claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
ABDUL QADEER CHAUDHRY,
AJMAL MIAN, JJ
|
| Lawyers |
Mr. Fida Muhammad Khan
|
| Petitioners |
Mst. SHAMIM AKHTAR
|
| Respondents |
MUHAMMAD SADIQ and others
|
| Citations |
1991 SLD 1369,
1991 SCMR 1798
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Pre-emption Act,
Civil Procedure Code,
Constitution of Pakistan
|
| Sections |
12,
O,XI, R.35,
Art.185(3)
|