Legal Case Summary

Case Details
Case ID a41ffb03-a36b-4892-a937-aff2d21c67b1
Body View case body.
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