| Case ID |
dd38df40-b475-4113-b216-8f20ec3b8f1f |
| Body |
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| Case Number |
CPLAs 513 and 514/R of 1983 |
| Decision Date |
Feb 05, 1984 |
| Hearing Date |
Feb 05, 1984 |
| Decision |
The Supreme Court of Pakistan dismissed the Civil Petition for Leave to Appeal filed by the petitioners, Ali Zaman and others, against the judgment and order of the Peshawar High Court. The High Court had previously dismissed the Letters Patent Appeal due to the absence of a requisite certificate from the Single Judge, rendering the appeal incompetent. The petitioners had claimed ownership of a property based on a power-of-attorney granted to Muhammad Iqbal by Mst. Wahab Nur, the original owner. However, the original owner later canceled the power-of-attorney and the subsequent mutation was also canceled. The Supreme Court found no merit in the petitioners' arguments, upholding the lower courts' decisions and emphasizing the importance of legal formalities in property transactions. |
| Summary |
This case revolves around a property dispute involving Mst. Wahab Nur, who appointed Muhammad Iqbal as her general attorney to sell land. The petitioners, Ali Zaman and others, claimed ownership after purchasing the land from Iqbal. However, Wahab Nur later canceled the power-of-attorney and the mutation, leading to legal proceedings. The Peshawar High Court dismissed their appeal due to lack of necessary legal certificates, and the Supreme Court upheld this decision, highlighting the significance of lawful property transfer procedures. This case underscores key legal principles in property law and the necessity of adhering to statutory requirements for valid transactions, making it a critical reference for legal practitioners and scholars. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, ACTG. C.J.,
MIAN BURHANUDDIN KHAN, J.
|
| Lawyers |
Maulvi Sirajul Haq, Advocate Supreme Court,
M. Afzal Siddiqi, Advocate-on-Record
|
| Petitioners |
others,
ALI ZAMAN
|
| Respondents |
2 others,
Mst. WAHAB NUR
|
| Citations |
1984 SLD 668,
1984 SCMR 843
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|