| Case ID |
d741a917-10b0-448f-b5a4-276bfd35dd13 |
| Body |
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| Case Number |
Civil Appeal No. 199 of 1970 |
| Decision Date |
Feb 03, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal, holding that the application for grant of a certificate to file a Letters Patent Appeal was not time-barred. The court ruled that the period of limitation for filing such an application is the same as the period prescribed for filing the appeal itself, which is thirty days. The court found that the appellants had failed to raise their technical objections before the High Court and that further factual inquiries were neither necessary nor proper. The court emphasized that the plaintiffs had acted on the acknowledgment of co-ownership for over 50 years and that the adverse entries in the revenue records did not affect their rights as they were in constructive possession. The appeal was dismissed without any order as to costs. |
| Summary |
In the case of Civil Appeal No. 199 of 1970, the Supreme Court of Pakistan addressed significant legal issues surrounding property rights, co-ownership, and limitations in filing appeals. The case revolved around the dispute between the plaintiffs, who claimed co-ownership of land, and the defendants, who had sanctioned a mutation that excluded the plaintiffs from ownership records. The Supreme Court's decision underscored the importance of timely applications for certification to appeal and clarified the applicable limitations. The court ruled that the acknowledgment of co-ownership by the original owner, despite adverse entries in official records, upheld the plaintiffs' rights. This case highlights the complexities of property law and the critical nature of legal documentation in establishing ownership. It serves as a pivotal reference for similar future disputes, emphasizing the necessity for clear legal agreements and adherence to procedural timelines in property litigation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
MUHAMMAD AFZAL ZULLAH,
M. S. H. QURESHI
|
| Lawyers |
S. M. Almas,
Mahmood Ahmad Qureshi,
Malik Talib Hussain,
Sh. Abdul Karim
|
| Petitioners |
others,
NAJABAT
|
| Respondents |
OTHERS,
SABAN BIBI
|
| Citations |
1982 SLD 711,
1982 PLD 187
|
| Other Citations |
Allah Bux v. Mst. Sardaran A I R 1935 Lah. 330,
Badruddin Abdul Rahim v. Sitaram Vinayak Apte A I R 1928 Bom. 371,
Punjab Co-operative Bank Ltd v. Official Liquidators, Punjab Cotton Press Co. Ltd. A I R 1941 Lah. 257,
Faiz Ali v. Chief Administrator of Auqaf P L D 1974 S C 17,
Mst. Nihal Khatoon v. Allah Wasai P L D 1966 S C 261,
Karachi Municipal Corpn. v. Karim! and Co. P L D 1967 Kar. 537,
Mst. Sarwar Sultana v. Muhammad Nawaz 1982 S C M R 460,
Maung Hman and others v. Ma Shin A I R 1924 Rang. 45,
(Shakow) Abdul Ganny v. Mrs. Russell A I R 1930 Rang. 228,
Badruddin v. Abdul Rahim A I R 1928 Bom. 371,
Ma Than v. Mg. Ba Gyaw A I R 1926 Rang. I,
Paresh Chandra Biswas and others v. Tapen Kanti Choudhury P L D 1963 S C 598
|
| Laws Involved |
Letters Patent (Lahore),
Constitution of Pakistan (1973),
Specific Relief Act (I of 1877),
Limitation Act (IX of 1908)
|
| Sections |
CI. 10,
Art. 185(3),
S. 42
|