| Case ID |
f68aabdc-d147-42e9-b5f8-2b8bda344621 |
| Body |
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| Case Number |
Civil Appeal No.1140 of 2007 |
| Decision Date |
Apr 22, 2008 |
| Hearing Date |
Apr 22, 2008 |
| Decision |
The Supreme Court of Pakistan ruled in favor of the appellant, Mazloom Hussain, thereby restoring the decision of the lower appellate court. The court emphasized the presumption of truth attached to longstanding entries in the revenue record, stating that such entries could not be discarded unless proven otherwise by convincing evidence. The court found that the entries in the record of rights were not challenged by the respondents and upheld the appellant's ownership of the property in dispute, thus declaring the sale-deed executed by the appellant in favor of respondents Nos. 3 to 5 as ineffective regarding the rights of the plaintiffs. This decision highlighted the importance of documentary evidence over mere verbal assertions in property disputes. |
| Summary |
In the case of Mazloom Hussain vs. Abid Hussain and others, the Supreme Court of Pakistan addressed the complexities surrounding property ownership and the validity of revenue records. The case originated from a dispute over land ownership, where the appellant, Mazloom Hussain, asserted his rights based on entries in the revenue record, which indicated his ownership. The respondents contested this claim, leading to a series of legal battles that culminated in an appeal to the Supreme Court. The court emphasized that longstanding entries in the revenue records carry a presumption of truth, which cannot be easily overturned without substantial evidence. This ruling underscores the significance of proper documentation in land ownership disputes and serves as a critical reference for future cases involving property rights and the evidentiary standards required in such matters. The decision is a vital addition to the body of case law concerning land revenue issues in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
Additional District Judge, Gujar Khan
|
| Judges |
FAQIR MUHAMMAD KHOKHAR,
MUHAMMAD MOOSA K. LEGHARI,
MUHAMMAD AKHTAR SHABBIR
|
| Lawyers |
Muhammad Younis Bhatti, Advocate Supreme Court for Appellant,
Abdul Rehman Siddiqui, Advocate Supreme Court for Respondents Nos. 1 and 2,
Ch. Akhtar Ali, Advocate Supreme Court for Respondents Nos. 3 to 5
|
| Petitioners |
MAZLOOM HUSSAIN
|
| Respondents |
4 others,
ABID HUSSAIN
|
| Citations |
2008 SLD 1979,
2008 PLD 571
|
| Other Citations |
Hakim Khan v. Aurangzeb and another 1979 SCMR 625,
Mt. Wallan v. Fazla and others AIR 1939 PC 114,
Sundar Singh v. Chhajju Khan AIR 1934 Lah. 309,
The Evacuee Trust Property Board and others v. Haji Ghulam Rasul Khokhar and others 1990 SCMR 725,
Karim Bakhsh v. Zulfiqar 1977 SCMR 334
|
| Laws Involved |
West Pakistan Land Revenue Act, 1967,
Punjab Land Revenue Act, 1887,
Qanun-e-Shahadat, 1984
|
| Sections |
39,
52,
44,
2(b),
90 to 101
|