| Case ID |
e154e8ca-7d39-4cf5-afbd-2b9d75cfe241 |
| Body |
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| Case Number |
C.A. No. 1300 of 2019 |
| Decision Date |
May 03, 2023 |
| Hearing Date |
May 03, 2023 |
| Decision |
The Supreme Court dismissed the Civil Appeal challenging the Lahore High Court's ruling, affirming that the appellants failed to establish their claims regarding the ownership of the suit property. The Court held that the concurrent findings of the lower courts were supported by substantial evidence, particularly the revenue records and testimonies provided. The Court emphasized the importance of the burden of proof lying with the appellants and noted that the allegations of fraud were not sufficiently substantiated. As the suit was filed significantly beyond the limitation period, the Court ruled that the dismissal of the suit was justified, thereby upholding the earlier judgments. |
| Summary |
In the case of Mst. Faheeman Begum (Deceased) through L.Rs and others vs. Islam-Ud-Din (Deceased) through L.Rs and others, the Supreme Court of Pakistan addressed a Civil Appeal concerning the ownership and rights over an undivided agricultural property. The appellants claimed to be co-owners of a specific share of the property and sought to set aside a mutation that they alleged was fraudulent. The Court reviewed the evidence presented, including revenue records and witness testimonies, which supported the respondents' claims of valid ownership transfer. The Court emphasized the legal principles surrounding the burden of proof and the implications of the statute of limitations on the case. The decision highlights the need for clear and cogent evidence in property disputes and reiterates the importance of adhering to procedural requirements under the law. This case serves as a significant reference for issues related to property ownership, fraud allegations, and the application of the Specific Relief Act and Civil Procedure Code. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sardar Tariq Masood,
Muhammad Ali Mazhar
|
| Lawyers |
Anwar Mubeen Ansari, ASC,
Ch. Akhtar Ali, AOR
|
| Petitioners |
Mst. FAHEEMAN BEGUM (DECEASED) through L.Rs and others
|
| Respondents |
ISLAM-UD-DIN (DECEASED) through L.Rs and others
|
| Citations |
2024 SLD 4625,
2024 PLJ 75
|
| Other Citations |
2002 SCMR 1330,
2009 SCMR 598,
2013 SCMR 299
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
54,
115
|