| Case ID |
e8d423a6-c5fe-4100-9705-15ef76699b0b |
| Body |
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| Case Number |
Civil Petitions Nos. 1395/L to 1398/L of 1993 |
| Decision Date |
Dec 18, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the claim for recovery of possession by the plaintiffs could not be denied on the basis of adverse possession claimed by the defendants. The court upheld the principles of res judicata, confirming that matters related to the status of the property and the entitlement of the plaintiffs had been adjudicated consistently up to the Supreme Court. The findings of the High Court regarding res judicata and adverse possession were maintained, and leave to appeal was refused due to the lack of merit in the petitions. |
| Summary |
This case revolves around the consistent adjudication of property rights involving claims of possession and the principles of res judicata as it applies to adverse possession. The Supreme Court of Pakistan examined the claims made by the petitioners against the established rights of the respondents over disputed property that had been previously declared as non-evacuee. The court confirmed that the earlier decisions regarding the property had attained finality and reiterated that the plaintiffs' claims for recovery of possession could not be denied based on the plea of adverse possession, thereby reinforcing the importance of consistent judicial determinations in property disputes. This case highlights the significance of legal principles in property law, particularly concerning the rights of possession and the implications of res judicata in the legal framework of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Rehabilitation/Settlement Authorities
|
| Judges |
SAAD SAOOD,
JAIAND SAJJAD ALI SHAH
|
| Lawyers |
Ch. Khalilur Rehman,
Salah-ud-Din,
Salim Ahmad Malik
|
| Petitioners |
ABDUL KHALIQ,
6 others
|
| Respondents |
8 others,
JUMMA ALLAH RAKHA
|
| Citations |
1995 SLD 660,
1995 SCMR 716
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908),
Constitution of Pakistan (1973)
|
| Sections |
11,
Art. 144,
Art. 185(3)
|