| Case ID |
d87fedb4-c321-4ca2-bd4c-107729508490 |
| Body |
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| Case Number |
Civil Revision No.2472 of 1995 |
| Decision Date |
Oct 06, 2005 |
| Hearing Date |
Oct 06, 2005 |
| Decision |
The petitioner/plaintiff successfully challenged the concurrent decrees from the learned trial Court and the appellate Court. The case revolved around the rights of a bona fide purchaser against claims made by the deceased's relatives after an extensive period of neglect. The judgment emphasized that the rights of the bona fide purchaser could not be easily defeated, especially given the lack of action from the respondents for over 18 years. The Court found that the lower courts had committed a material error in their jurisdiction by dismissing the case without considering the facts and the law appropriately. As a result, the petition was allowed, and the petitioner was granted a declaration of title over the disputed land. |
| Summary |
In this case, the Lahore High Court addressed the complexities surrounding property ownership and the rights of bona fide purchasers under the Transfer of Property Act. The petitioner, Ghulam Murtaza, had purchased land from the successors of the deceased owner, Mst. Meero, who died in 1952. Despite the initial sanctioning of an inheritance mutation in favor of the deceased's relatives, Muhammad Shafi and Mst. Sardaran Bibi, the Court found that their lengthy delay in asserting their rights significantly undermined their claims. The decision highlights the importance of timely action in property disputes and the protections afforded to bona fide purchasers in property law. This case serves as a critical reference for future property disputes, particularly those involving long-standing possession and the principles of equity in property transactions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
JAWWAD S. KHAWAJA, J
|
| Lawyers |
Ch. Habib Ahmed,
Nemo
|
| Petitioners |
GHULAM MURTAZA
|
| Respondents |
MUHAMMAD SHAFI,
Mst. Sardaran Bibi
|
| Citations |
2006 SLD 2235,
2006 CLC 1422
|
| Other Citations |
Not available
|
| Laws Involved |
Transfer of Property Act (IV of 1882),
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
41,
42,
53,
0.I, R.10
|