| Case ID |
f7b3dc6a-75cf-4ece-bbc8-e4e1d0115f97 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 547-L of 19 |
| Decision Date |
Oct 25, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal concerning the ownership and tenancy of Villas Nos. 4 and 5 in Chak No. 10, Gajbani, Tehsil Chishtian. The Court found that the petitioner, Ghulam Muhammad, was indeed a tenant under the respondent, Jan Muhammad, despite being a co-sharer in the property. The Court emphasized that the possession of the Villas was originally given to Jan Muhammad, who had the discretion to cultivate the land himself or through the petitioner. The alterations in the Khasra Girdawari that depicted the petitioner as a co-sharer instead of a tenant were deemed incorrect. As a result, the decision of the Board of Revenue was upheld, and the petitioner's appeal was dismissed, confirming the legitimacy of the earlier entries made by the Patwari. |
| Summary |
This case revolves around the legal status of co-sharers and tenants concerning property ownership and possession. The Supreme Court of Pakistan clarified that a co-sharer can also be a tenant of the property, depending on the circumstances of possession and cultivation. The dispute involved Villas Nos. 4 and 5, where the petitioner contested his status as a tenant after changes were made to the Khasra Girdawari records. The Court upheld the original decision that recognized the respondent's right to cultivate the land, resulting in the dismissal of the petition. This case highlights the complexities of land ownership, tenancy rights, and the implications of record alterations in agricultural land disputes. Keywords include land ownership, tenancy rights, Supreme Court of Pakistan, Khasra Girdawari, agricultural disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
SAAD SAOOD JAN
|
| Lawyers |
Not available
|
| Petitioners |
GHULAM MUHAMMAD
|
| Respondents |
JAN MUHAMMAD
|
| Citations |
1994 SLD 924,
1994 SCMR 1797
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|