| Case ID |
d5f8aaa7-3216-4a65-9b6b-2f6335db3f12 |
| Body |
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| Case Number |
Civil Petition No. K-228 of 1981 |
| Decision Date |
Feb 03, 1982 |
| Hearing Date |
Feb 03, 1982 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal in this case concerning property rights. The main issue was whether the respondents could contest findings that they had previously conceded in the first appeal. The trial court had ruled that the property in question was non-evacuee and belonged to the petitioner, while the respondents argued that one of them had permission to build on the property. The appeal was allowed, and the court indicated that the findings on the status of the property could not be challenged in a second appeal, setting a precedent for future property disputes. The court emphasized the importance of adhering to previous concessions made during initial hearings. |
| Summary |
In the case of Civil Petition No. K-228 of 1981, the Supreme Court of Pakistan addressed critical issues surrounding property rights and the legal standing of non-evacuee properties. The petitioner, Diwan Kevalram, successfully argued against Noor Muhammad and Mst. Saira Bano, who had claimed rights over the property. The Court deliberated on the implications of conceding to certain issues in prior appeals, reinforcing the principle that such concessions limit the scope for later challenges in subsequent appeals. This case highlights the legal intricacies involved in property disputes and the enforcement of property rights under the Civil Procedure Code and the Constitution of Pakistan. Notably, the ruling underscored the significance of clarity in property ownership and the legal ramifications of prior admissions in court proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Noor Muhammad,
Mst. Saira Bano,
Diwan Kevalram
|
| Judges |
MUHAMMAD HALEEM ACTG. C.J.,
ABDUL KADIR SHAIKH,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Abdul Hafeez Pirzada, Advocate Supreme Court,
Anwar Ahmed Qadri, Advocate-on-Record,
Khalid M. Ishaque, Advocate Supreme Court,
Nizam Ahmed, Advocate-on-Record
|
| Petitioners |
DIWAN KEVALRAM
|
| Respondents |
NOOR MUHAMMAD,
Mst. Saira Bano
|
| Citations |
1985 SLD 1068,
1985 SCMR 2042
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185(3),
S. 100
|