| Case ID |
a41ffb03-a36b-4892-a937-aff2d21c67b1 |
| Body |
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| Case Number |
Civil Appeal No. 859 of 1995 |
| Decision Date |
Feb 09, 1999 |
| Hearing Date |
Feb 09, 1999 |
| Decision |
The Supreme Court of Pakistan accepted the appeal, overturning the judgments of the lower courts. The court determined that the agreement between the parties was valid and constituted an acknowledgment of the rights of the plaintiffs according to Shariat Law. The court highlighted that the suit for declaration was maintainable and that the findings of the lower courts were not correct in asserting that only a suit for specific performance should have been filed. Consequently, the suit was decreed in favor of the appellants without any order as to costs. |
| Summary |
This case revolves around a dispute concerning an evacuee property transferred to Sardar Baig, who acknowledged the shares of his brothers and a cousin according to Shariat Law. The plaintiffs claimed joint ownership of the house, leading to a series of legal proceedings. Initially dismissed by the lower courts on procedural grounds, the Supreme Court found merit in the plaintiffs' claims, emphasizing the validity of the agreement made prior to the issuance of the Permanent Transfer Deed. This case underscores the importance of acknowledging rightful ownership in property disputes and the applicability of Shariat Law in such matters, which is crucial for legal practitioners in Pakistan. Keywords to consider include 'property rights', 'Shariat Law', 'evacuee property', 'legal acknowledgment', and 'Supreme Court decisions'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. RIAZ AHMED,
MUNIR A. SHEIKH
|
| Lawyers |
Mushtaq Raj, Advocate Supreme Court for Appellants.,
Munir Peracha, Advocate Supreme Court,
Raja A. Ghafoor, Advocate-on-Record for Respondent No.2
|
| Petitioners |
others,
MUKHTAR BAIG
|
| Respondents |
others,
SARDAR BAIG
|
| Citations |
2000 SLD 694,
2000 SCMR 45
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),
Transfer of Property Act (IV of 1882)
|
| Sections |
42,
10,
52
|