| Case ID |
ed3cb6e6-8885-4c1f-83a0-30ecf8a478ea |
| Body |
View case body. Login to View |
| Case Number |
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| Decision Date |
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| Hearing Date |
Apr 26, 1981 |
| Decision |
The Supreme Court dismissed the appeal of the appellants regarding their claim of adverse possession over the agricultural land in question. The court held that the concurrent findings of the Deputy Custodian, the Custodian, and the High Court were against the appellants. It was determined that the appellants did not complete the necessary period of adverse possession as required by law, especially since the evacuee owners had filed a civil suit prior to the Partition. The court emphasized that the continuity of adverse possession was interrupted by the legal actions taken by the evacuee owners, and thus the appellants could not claim ownership through adverse possession. Furthermore, the arguments regarding the treatment of the land as evacuee property were found to lack merit, affirming the decisions made by the lower courts. |
| Summary |
This case revolves around the issue of adverse possession and the treatment of evacuee property in Pakistan. The appellants claimed that they had been in adverse possession of agricultural land since 1936 and sought a declaration that the land was not evacuee property. However, the Supreme Court found that the appellants' claim was not supported by sufficient evidence and that their possession was interrupted by legal actions taken by the original owners. The court cited several precedents to reinforce its decision, emphasizing the need for continuity and exclusivity in claims of adverse possession. Ultimately, the appeal was dismissed, and the previous rulings were upheld. This case highlights the complexities surrounding property rights, especially in the context of historical land disputes in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KAKAM ELAHEE CHAUHAN,
MUHAMMAD AFZAL ZULLAH,
ABDUL KADIR SHAIKH
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| Lawyers |
Sh. Abdul Rashid, Senior Advocate Supreme Court,
Abdul Karim, Advocate-on-Record,
Ch. Azlz Ahmad, Advocate Supreme Court,
Ghulam Mujtaba, Advocate-on-Record,
Nazar Khan, Advocate-on-Record
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| Petitioners |
others,
JALAL SHAH
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| Respondents |
others,
THE CUSTODIAN
|
| Citations |
1981 SLD 1291,
1981 PLD 262
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| Other Citations |
Muhammad Husain Munir and others v. Sikandar and others P L D 1974 S C 139,
Malik Muhammad Hayat Khan v. Subedar Yar Muhammad Khan P L D 1963 S C 612,
Maharaja Sir Kesho Prasad Singh Bahadur v. Bahuria Mst. Bhagjogna Kuer and others A I R 1937 P C 69,
Qutab Ali v. Custodian, Evacuee Property and others P L D 1964 S C 58
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| Laws Involved |
Constitution of Pakistan (1962),
Pakistan (Administration of Evacuee Property) Act (XII of 1957),
Limitation Act (IX of 1908)
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| Sections |
Art. 98,
Art. 199,
S. 22,
S. 3,
Art. 144
|