| Case ID |
f9807b46-a424-4f3e-8389-a7e152993220 |
| Body |
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| Case Number |
Civil Revision No. 1083 of 1994/BWP |
| Decision Date |
Feb 03, 1995 |
| Hearing Date |
|
| Decision |
The Lahore High Court upheld the decision of the Trial Court and the Appellate Court, affirming that the defendant, who was occupying the land in question, did not have the right to lift any produce from the land until he paid the share of produce to the plaintiffs. The Court found that the defendant's status was that of a tenant and not under an agreement to sell, as he failed to pay the remaining balance of the purchase price. The court dismissed the revision petition, emphasizing that mere possession does not confer ownership rights in the absence of payment, thus reinforcing the principles of property law and tenant obligations. |
| Summary |
This case revolves around a dispute concerning the transfer of property and the rights of possession. The plaintiffs, Muhammad Siddique and Muhammad Jamil, alleged that Bahadur Khan, the petitioner, had not fulfilled his obligations under an agreement to sell land, specifically the payment of a remaining balance of Rs. 6,10,000. The court emphasized the importance of contractual obligations in property transactions, ruling that the defendant's possession of the land was as a tenant, not as an owner, due to his failure to pay. The decision highlights key legal principles related to tenancy, property rights, and the necessity of adhering to contractual agreements. The ruling serves as a significant reference in understanding tenant rights and responsibilities in property law, making it essential for legal practitioners specializing in real estate and tenancy disputes. This case is particularly relevant in discussions regarding ownership rights, tenant obligations, and the enforcement of property agreements, making it a valuable resource for both legal professionals and individuals involved in property transactions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
M. JAVED BUTTAR, J
|
| Lawyers |
Ch. Muhammad Ashraf Mohandra,
Ch. Naseer Ahmad
|
| Petitioners |
BAHADUR KHAN
|
| Respondents |
MUHAMMAD SIDDIQUE,
MUHAMMAD JAMIL
|
| Citations |
1998 SLD 1303,
1998 CLC 724
|
| Other Citations |
Not available
|
| Laws Involved |
Transfer of Property Act (IV of 1882),
Civil Procedure Code (V of 1908)
|
| Sections |
53-A,
O. XXXIX, Rr. 1 & 2
|