| Case ID |
e148bdf8-27c7-42af-a4f1-ef53b358d9bf |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 1075 of 1981 |
| Decision Date |
Jul 19, 1988 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan addressed the appeal filed by the defendants regarding a property sale dispute. The petitioners contested a previous decision by the Lahore High Court, which dismissed their Regular Second Appeal. The case centered on allegations of fraudulent transaction involving property owned by Mst. Alam Bibi, which was sold by Madad Ali, acting as her General Attorney, to his wife, Mst. Inayat Begum. The court found that the points raised by the petitioners had already been thoroughly examined and properly addressed by all three courts involved. The findings of fact were consistently against the petitioners, and the court concluded that there was no adequate justification for interference in the lower court's decision. As a result, the leave to appeal was refused. |
| Summary |
This case presents significant insights into property law and the legal principles surrounding fraudulent transactions in Pakistan. The Supreme Court's decision reinforces the importance of established findings of fact, emphasizing that appeals must present substantial reasons for reconsideration of lower court rulings. The court's adherence to procedural integrity highlights the balance between the rights of property owners and the necessity for lawful transactions. The case illustrates the complexities involved in property sales, particularly when allegations of fraud arise. Legal practitioners should note the court's insistence on clear evidence and thorough examination of claims in property disputes. This case is a pivotal reference for understanding the nuances of the Transfer of Property Act and the constitutional provisions applicable in such matters. Keywords such as 'property law', 'fraudulent transactions', 'Supreme Court of Pakistan', and 'legal appeal' are trending and essential for legal research and practice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Mst. Alam Bibi,
Madad Ali
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL
|
| Lawyers |
Kh. Muhammad Farooq, Advocate Supreme Court,
S. Inayat Hussain, Advocate-on-Record,
Sh. Ghias Muhammad, Senior Advocate Supreme Court,
Ch. Mehdi Khan Mchtab, Advocate-on-Record
|
| Petitioners |
,
Mst. INAYAT BEGUM
|
| Respondents |
others,
MUHAMMAD BOOTA
|
| Citations |
1989 SLD 1862,
1989 SCMR 1716
|
| Other Citations |
Not available
|
| Laws Involved |
Transfer of Property Act (IV of 1882),
Constitution of Pakistan (1973)
|
| Sections |
S.54,
Art. 185(3)
|