| Case ID |
ffb8d141-5ea4-45d0-aa8a-e4e31a766014 |
| Body |
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| Case Number |
Regular First Appeal No.81 of 2002 |
| Decision Date |
Dec 17, 2012 |
| Hearing Date |
|
| Decision |
The appeal was dismissed, upholding the decision of the trial court which decreed the suit for declaration and rendition of accounts and mense profits in respect of joint-property. The plaintiffs were declared to be joint owners to the extent of 4 shares in the suit property and entitled to a decree in rendition of accounts regarding the suit property since the institution of the suit till the final decision. A local commissioner was appointed to propose the partition of the suit property and work out the accounts. |
| Summary |
This case involved a Regular First Appeal filed at the Lahore High Court concerning a dispute over joint property, specifically a commercial cinema known as Capital Cinema. The appellants contested the trial court's decision which decreed the suit for declaration and rendition of accounts and mense profits in respect of the joint property. The court addressed key issues under the Contract Act, Specific Relief Act, and Civil Procedure Code, focusing on the rights and obligations of co-owners or partners in a joint business. The trial court had decreed the suit in favor of the plaintiffs, declaring them joint owners and entitled to a decree in rendition of accounts. The appeal was dismissed, affirming the trial court's decision. The court emphasized the legal responsibilities of a co-sharer acting as an agent or principal in managing joint business affairs. This case highlights the importance of clear legal frameworks in partnership and joint ownership disputes, ensuring that partners are accountable for proper financial reporting and equitable distribution of profits or losses. The decision reinforces the legal obligations under the Contract Act for agents to render accurate accounts to their principals. The judgment serves as a precedent for similar cases involving joint property and partnership disputes, emphasizing the necessity for transparency and mutual consent in business operations. |
| Court |
Lahore High Court
|
| Entities Involved |
Capital Cinema
|
| Judges |
KH. IMTIAZ AHMAD,
ALI BAQAR NAJAFI
|
| Lawyers |
Altaf Elahi Sheikh for Appellant,
Sheikh Zamir Hussain for Respondents
|
| Petitioners |
SYED TAHIR HUSSAIN SHAH
|
| Respondents |
SYED SAEED ANWAR AND OTHERS
|
| Citations |
2013 SLD 998,
2013 CLD 630
|
| Other Citations |
PLD 1994 Kar. 343
|
| Laws Involved |
Contract Act (IX of 1872),
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
182,
186,
213,
42,
O.VII, R. 2
|