| Case ID |
f794f7dc-2213-4e19-8c30-c313075be73b |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.534 of 1995 |
| Decision Date |
Mar 12, 1996 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the lower courts' decision in favor of the plaintiff, Mst. Gulshan, for the recovery of land given in lieu of dower. The Court found that the evidence presented, including the agreement dated 15-9-1990 and the Nikahnama, established the plaintiff's entitlement to the land based on the acknowledged dower amount. The Court dismissed the defendant's constitutional petition, emphasizing that technicalities should not obstruct justice. Therefore, leave to appeal was refused, affirming the lower courts' rulings which supported the plaintiff's claim. |
| Summary |
This case revolves around the specific performance of a land transfer in lieu of dower under the Specific Relief Act (I of 1877). Mst. Gulshan, the plaintiff, claimed ownership of 10 Kanals of land based on agreements asserting that this land was given as dower. The Supreme Court of Pakistan, in its decision dated 12th March 1996, confirmed the lower courts' rulings, which found that the plaintiff was entitled to recover the land. The Court rejected the defendant's argument regarding the necessity of compulsory registration of the transfer document, determining that the suit was fundamentally for the recovery of possession and thus did not hinge on registration issues. This case underscores the importance of enforcing marital agreements concerning dower and the judiciary's role in upholding justice, avoiding technical barriers to rightful claims. Keywords include 'Specific Relief Act', 'land recovery', 'dower', 'Supreme Court Pakistan', 'legal rights', 'marital agreements'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SALEEM AKHTAR,
FAZAL KARIM
|
| Lawyers |
M. H. Lughmani, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record
|
| Petitioners |
ALI AHMAD
|
| Respondents |
another,
Mst. GULSHAN
|
| Citations |
1998 SLD 887,
1998 SCMR 2347
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Constitution of Pakistan (1973)
|
| Sections |
12,
185(3)
|