| Case ID |
e28f3874-911d-4ebe-bc3a-0899187ca33a |
| Body |
View case body. Login to View |
| Case Number |
Civil Review Petition No. 4 of 2007 |
| Decision Date |
May 04, 2010 |
| Hearing Date |
|
| Decision |
The Supreme Court allowed the review petition, determining that the exchange deed executed between the parties was not a valid exchange under the law. It was concluded that the ownership of the properties had not been transferred as required for a legitimate exchange, and therefore the transaction was reclassified as a sale deed. The court emphasized that the evidence presented demonstrated that the requirements for a valid exchange were not met, leading to the restoration of the previous judgment in favor of the petitioner. |
| Summary |
In the case of Civil Review Petition No. 4 of 2007, the Supreme Court (AJ&K) addressed the powers of review under the Azad Jammu and Kashmir Interim Constitution Act and related laws. The primary issue was whether an alleged exchange deed constituted a valid exchange or a sale. The court found that the essential elements of an exchange—mutual transfer of ownership—were absent. This case highlights the importance of adhering to legal requirements for property transactions and underscores the court's role in correcting errors in previous judgments. Keywords include 'property law', 'review petition', 'exchange vs sale', and 'legal rights'. The decision reinforces the court's commitment to ensuring justice and adherence to legal standards, making it significant in the realm of property disputes. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SYED MANZOOR HUSSAIN GILANI, A.C.J.,
CH. MUHAMMAD IBRAHIM ZIA, JUSTICE
|
| Lawyers |
M. Tabassum Aftab Alvi
|
| Petitioners |
HAJI NAZEER AHMED
|
| Respondents |
11 others,
RAJA MUHAMMAD SAEED KHAN
|
| Citations |
2010 SLD 2740,
2010 PLD 47
|
| Other Citations |
Zafar Iqbal v. Allotment Committee of Municipal Committee Mirpur and others 1994 SCR 157,
Rashida Awan v. District Education Officer and 8 others 2007 SCR 406,
Abdul Qadir and 2 others v. Abdur Rehman and 5 others 1999 SCR 323,
Ghulam Akram and 5 others v. Syed Shabbir Hussain Shah and 10 others PLD 1986 SC(AJ&K) 56,
Managing Director Sui Southern Gas Company Ltd. Karachi v. Ghulam Abbas and others PLD 2003 SC 724,
Suba through Legal Heirs v. Fatima Bibi through Legal Heirs 1996 SCMR 158,
Messrs M.Y. Malik & Co. and 2 others v. Messrs Spendlours International 1995 SCMR 922,
Commerce and Industries Corporation Pakistan (Private) Limited v. China National Machinery and Equipment Import and Export Corporation (Beijing) 2000 CLC 962,
Aksar Ali and 2 others v. Fazal Karim and 11 others 1982 CLC 1309,
Mst. Miraj Bibi's case 1997 SCMR 1892,
Syed Shehbaz Hussain's case 1977 SCMR 197
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974),
Azad Jammu and Kashmir Supreme Court (Powers of Review) Act, 1980,
Azad Jammu and Kashmir Supreme Court Rules, 1978,
Transfer of Property Act (IV of 1882),
Azad Jammu and Kashmir Right of Prior Purchase Act (1993 B.K.)
|
| Sections |
42-D,
2,
O.XLVII, R.1,
118,
119,
6
|