| Case ID |
e2bb898c-e388-4909-b2dc-7a3af9aecea8 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 1821-L of 1 |
| Decision Date |
Nov 23, 1999 |
| Hearing Date |
Nov 23, 1999 |
| Decision |
The Supreme Court dismissed the Civil Petition for Leave to Appeal, affirming the decisions of the lower courts. The court held that the respondent did not sell the land to the petitioners but rather mortgaged it. The evidence presented indicated that the respondent's claim of fraud and misrepresentation regarding the sale was valid, as no sale occurred, and the petitioners failed to prove otherwise. The court also ruled that the plea of limitation was not applicable since the suit was filed within the appropriate timeframe, and the absence of a request for framing an additional issue did not invalidate the proceedings. Thus, the court found no merit in the petition, and leave to appeal was refused. |
| Summary |
This case revolves around the legal principles concerning the transfer of property, specifically regarding oral sales and the onus of proof. It highlights the significance of the Limitation Act in challenging sale transactions within a specified period. The ruling emphasizes the necessity of proper legal representation and the implications of misrepresentation in property dealings. Furthermore, it underscores the importance of understanding the procedural laws outlined in the Civil Procedure Code and the Specific Relief Act. The decision not only addresses the particularities of this case but also serves as a precedent, reaffirming the judiciary's stance on the burden of proof in disputes involving property transactions. Legal professionals should note the implications of this case on future property disputes and the critical nature of adhering to procedural requirements in civil litigation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDUZZAMAN SIDDIQUI, C.J.,
SH. RIAZ AHMED,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
Ch. Muhammad Arshad Ramay, Advocate Supreme Court,
M.A. Qadri, Advocate-on-Record
|
| Petitioners |
anothers,
LALOO
|
| Respondents |
GHULAMAN
|
| Citations |
2000 SLD 891,
2000 SCMR 1058,
2000 SLD 1303
|
| Other Citations |
Mehr Din v. Dr. Bashir Ahmed Khan and 2 others 1995 SCMR 1
|
| Laws Involved |
Transfer of Property Act (IV of 1882),
Limitation Act (IX of 1908),
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
54,
120,
O.XIV, R.5,
42
|