| Case ID |
7f890b1f-62c0-42f9-9c91-37e9aaf73726 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 1250 of 1995 |
| Decision Date |
Nov 22, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court accepted the appeal filed by Muhammad Saleem Shah and others, setting aside the judgment of the Peshawar High Court which had favored the respondents. The Court reinstated the decree of the Appellate Court that had granted the plaintiffs a permanent injunction against the respondents from taking possession of the disputed land or raising construction thereon. The Court concluded that the respondents, despite claiming co-sharer status, could not prove their right to possession as the entries in the revenue record were irreconcilable. The ruling emphasized that the land should be enjoyed by the Imam of the village mosque and that any transfer of rights by the previous Imam was not valid under the law. |
| Summary |
The case revolves around a dispute over land rights in a village Shamilat, where Muhammad Saleem Shah and 80 others (the appellants) filed a suit against Azizur-Rehman Shah and 43 others (the respondents) for permanent injunction and possession of land. The land had originally been entrusted to the father of the respondent for usufruct in exchange for his services as Imam of the village mosque. Upon the father's abandonment of the position, the son (respondent) took over the land and later transferred rights via a deed. The trial court ruled in favor of the appellants, but the High Court reversed this decision asserting that the respondents, being co-sharers, could not be dispossessed without due process. The Supreme Court ultimately found in favor of the appellants, reinstating the trial court's ruling based on the revenue records that indicated the land's rightful status as belonging to the Imam, thereby prohibiting any unauthorized transfer of rights. This case highlights significant legal principles regarding land ownership, tenancy, and the rights of co-sharers in Pakistan's judicial system. Keywords include land rights, Imam, usufruct, co-sharers, Supreme Court, injunction, Pakistan law. |
| Court |
Supreme Court of India
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD BASHIR,
JEHANGIRI,
NAZIM HUSSAIN SIDDIQUI
|
| Lawyers |
Abdur Rashid Awan, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Ibrahim Satti, Advocate Supreme Court,
M.A. Zaidi, Advocate-on-Record
|
| Petitioners |
80 others,
MUHAMMAD SALEEM SHAH
|
| Respondents |
AZIZUR-REHMAN SHAH,
43 others
|
| Citations |
2002 SLD 2468,
2002 PLD 280
|
| Other Citations |
PLD 1974 SC 193,
PLD 1990 SC 629,
PLD 1975 SC 325,
PLD 1967 Pesh. 304,
PLD 1986 SC 91,
PLD 1986 SC 113
|
| Laws Involved |
Specific Relief Act (I of 1877),
West Pakistan Land Revenue Act (XVII of 1967),
Constitution of Pakistan (1973)
|
| Sections |
39,
185(3)
|