| Case ID |
e207daf8-d8df-4dd2-879e-00ca6e0f6d38 |
| Body |
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| Case Number |
Civil Petition No. 2193 of 2004 |
| Decision Date |
Dec 07, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Raja Ali Shan against the Lahore High Court's decision which had previously rejected his suit for declaration and permanent injunction concerning land reserved as a graveyard. The court held that the suit was not maintainable as the land in question was part of Shamlaat Deh and could not be owned by any individual. The petitioner's claim that he and his ancestors had rights to the land was found to be invalid as the land was reserved for communal use. The court emphasized the importance of adhering to the provisions of the Civil Procedure Code, specifically Order I, Rule 8, which outlines the conditions required for filing a representative suit. The Supreme Court also noted that the petitioner had previously withdrawn a suit during the pendency of a writ petition and subsequently filed a second suit, which was deemed incompetent. The decision reinforced the legal principle that one seeking equity must come with clean hands, ultimately leading to the dismissal of the petition. |
| Summary |
The case revolves around a civil petition filed by Raja Ali Shan against the Lahore High Court's ruling that dismissed his plea for a declaration and permanent injunction regarding land designated for graveyard use in Bartamah village. The Supreme Court of Pakistan ruled that the land, categorized as Shamlaat Deh, could not be individually owned, thus invalidating the petitioner's claims. The court highlighted the necessity for compliance with the Civil Procedure Code's requirements for representative suits, particularly regarding notice to all interested parties and obtaining court permission. This case illustrates key legal principles under the Specific Relief Act and the Civil Procedure Code, emphasizing the communal nature of graveyard land and the procedural requirements for litigation. The decision serves as a precedent for future cases involving land disputes and the interpretation of ownership rights within communal land frameworks. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Capital Development Authority,
Civil Judge Islamabad
|
| Judges |
JAVED IQBAL,
CH. IJAZ AHMED
|
| Lawyers |
Muhammad Ilyas Sheikh, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record for Petitioner,
Zulfiqar Khalid Maluka, Advocate Supreme Court for Respondents,
Arif Chaudhry, Advocate Supreme Court,
Raja Abdul Ghafoor, Advocate-on-Record for Respondent
|
| Petitioners |
Raja ALI SHAN
|
| Respondents |
others,
Messrs ESSEM HOTEL LIMITED
|
| Citations |
2007 SLD 586,
2007 SCMR 741
|
| Other Citations |
Islam-ud-Din's case PLD 2004 SCMR 633,
Haji Saleh Muhammad's case 1983 SCMR 587,
Gulla Mir's case PLD 1982 SC 120,
Kumaravelu Chettiar's case AIR 1933 PC 183,
The State of Andhra Pradesh v. Gundugola Venkata Suryanarayana Garu AIR 1965 SC 11,
PLD 1957 SC (Pak.) 219,
Safiuddin Kazi's case PLD 1960 Dacca 555,
Kailash Pat's case (50) AA 405,
Khawaja Muhammad Sharif's case PLD 1988 Lah. 725,
Haji Muhammad Saifullah Khan's case PLD 1989 SC 166
|
| Laws Involved |
Specific Relief Act, 1877,
Land Acquisition Act, 1894,
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
54,
4,
185,
199,
O.I,R.8,
O.VII,R.11
|