| Case ID |
debe7e3b-92a2-435e-99bd-3ac2b0a36897 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 211-R of 19 |
| Decision Date |
Jun 20, 1988 |
| Hearing Date |
|
| Decision |
Leave to appeal has been granted to consider whether the law could assist the petitioners regarding the hearing of the case on merits, at least once. The Supreme Court has taken into account the prolonged absence of a proper hearing for the petitioners over the past fifteen years, and the misreading of dates that affected the decisions of the lower courts. The case involved the challenge of property acquisition by the Auqaf Department, which the petitioners contended was improperly handled across various forums. The court acknowledged the petitioners' right to pursue justice despite technical constraints that hindered their previous attempts. |
| Summary |
In the case concerning the Auqaf Department's acquisition of property, the petitioners sought leave to appeal following a series of unsuccessful challenges across different legal forums. The Supreme Court's decision centered on the jurisdictional limitations faced by the petitioners and the necessity for a fair hearing on the merits of their case. The Court's ruling emphasized the importance of access to justice and the need for legal remedies under the West Pakistan Waqf Properties Ordinance, 1961. The decision also highlighted the interplay between technical legal constraints and the equitable principles of justice, ensuring that the petitioners would have their day in court after a long period of unresolved litigation. This case underscores the significance of understanding jurisdiction and the application of limitation laws in property disputes, especially in the context of waqf properties. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Auqaf Department
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL
|
| Lawyers |
Hafiz S. A. Rehman,
Manzoor Ilahi,
Ch. Akhtar Ali
|
| Petitioners |
others,
MUHAMMAD SIDDIQUE
|
| Respondents |
another,
AUQAF DEPARTMENT, PUNJAB through Chief Administrator at Multan
|
| Citations |
1989 SLD 1844,
1989 SCMR 1683
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Waqf Properties Ordinance, 1961,
Limitation Act, 1908,
Constitution of Pakistan, 1973
|
| Sections |
7,
3,
14,
185(3)
|