| Case ID |
e17ac354-fcfd-4105-86b0-566ff0e8f98c |
| Body |
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| Case Number |
Civil Petition No.72-P of 1986 |
| Decision Date |
Apr 15, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by Umar Ayaz and others, affirming that the petitioner had not taken steps to set aside the pre-emption decree. The court found that the respondent had a valid claim to possession of the property, as the petitioner had admitted to the correctness of the original decree in prior proceedings. The finding was based on factual evidence, and the court ruled that the petitioners were bound to hand over possession of the land known as 'Mainz Oba' to respondent No.1. |
| Summary |
In this significant ruling by the Supreme Court of Pakistan, the case revolves around the application of the North-West Frontier Province Pre-emption Act (XIV of 1950), specifically Section 12, and Article 185(3) of the Constitution of Pakistan. The court examined the validity of a decree that was challenged by Beharamand, who argued that the original decree was obtained through collusion and fraud. However, the court upheld the findings of the appellate court, which stated that the original decree was not collusive and that the petitioner had effectively admitted its validity. The ruling emphasized the importance of factual findings in legal disputes and clarified the obligations of the petitioners to deliver possession of the property in question. This case highlights critical aspects of property law, pre-emption rights, and the role of the Supreme Court in adjudicating civil petitions, making it a vital reference for legal practitioners and scholars interested in property and constitutional law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM C.J.,
SHAFIUR RAHMAN,
NAIMUDDIN
|
| Lawyers |
M. Aman Khan,
Noor Muhammad Khan,
Abdul Samad Khan
|
| Petitioners |
others,
UMAR AYAZ
|
| Respondents |
another,
BEHARAMAND
|
| Citations |
1989 SLD 1804,
1989 SCMR 1618
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Pre-emption Act,
Constitution of Pakistan
|
| Sections |
12,
185(3)
|