| Case ID |
ecb1e0b8-3ddd-42c5-ac11-9c97c2f3a583 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.277 of 1991 |
| Decision Date |
Dec 12, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan examined the petitioner's request for leave to appeal against the High Court's order. The petitioner had filed a suit for declaration and perpetual injunction, asserting that the defendants should not engage in construction on disputed land, as the sales were executed without the petitioner's consent. The trial court denied the interim injunction application, indicating that the defendants would proceed at their own risk and could not claim compensation if the plaintiff's suit was successful. The High Court upheld this decision. The Supreme Court noted that the order in question was of a temporary nature, with the case still pending at the trial stage. The Court directed that if the respondents had constructed shops, they must deposit the corresponding rent in the trial court, which would address the rent upon final resolution of the case. Ultimately, the petition was dismissed, and leave to appeal was denied. |
| Summary |
In the case of Civil Petition No.277 of 1991, the Supreme Court of Pakistan ruled on a petition seeking leave to appeal against a High Court order regarding a dispute over land construction. The petitioner, Habiburrehman, argued that the defendants commenced construction without consent, leading to a suit for declaration and perpetual injunction. The trial court's refusal to grant an interim injunction was upheld, emphasizing that the defendants acted at their own risk. The Supreme Court's decision highlighted the temporary nature of the order and the ongoing status of the suit, while also ensuring that any rent from constructed shops would be handled appropriately by the trial court post-judgment. This case underscores the importance of consent in property sales and the legal ramifications of unauthorized construction, making it a critical reference in property law discussions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J,
ABDUL QADEER CHAUDHRY, J
|
| Lawyers |
|
| Petitioners |
HABIBURREHMAN
|
| Respondents |
Mst. ZEENATUNNISA and others
|
| Citations |
1992 SLD 564,
1992 SCMR 737
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Constitution of Pakistan (1973)
|
| Sections |
42,
53,
54,
185(3)
|