| Case ID |
ffcc20fe-8069-4ae6-8e74-9219e63fe61a |
| Body |
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| Case Number |
Civil Appeal No. 1152 of 2001 and Civil Petition f |
| Decision Date |
May 10, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to consider various legal questions raised by the petitioner, Mst. Mussarat Ara Khanum. The case involved the enforcement of an agreement to sell land, which was previously dismissed on grounds of limitation by the Additional District Judge. The petitioner's appeal was also dismissed by the High Court of Balochistan. The Supreme Court aimed to examine whether the impugned judgment was passed on incorrect premises and whether the petitioner was unfairly nonsuited. Leave was granted to address these questions in detail. |
| Summary |
In this landmark case decided by the Supreme Court of Pakistan, Mst. Mussarat Ara Khanum, the petitioner, challenged the dismissal of her appeal related to an agreement to sell land. The case was initially filed by Umaid Ali, the respondent, who claimed that a parcel of land was purchased from Ghai Khan, the attorney of the petitioner. The case involved complex legal issues regarding the enforcement of agreements, jurisdiction, and the validity of judgments. The petitioner argued that the impugned judgment by the High Court of Balochistan was based on misreading of evidence and incorrect legal premises. The Supreme Court granted leave to appeal to examine these critical issues, particularly focusing on whether the judgment was without jurisdiction and whether the petitioner was denied justice due to procedural errors. This case highlights the intricacies of land sale agreements and the judicial scrutiny required to ensure fair legal proceedings. Key legal provisions involved include the Specific Relief Act, Civil Procedure Code, and the Constitution of Pakistan. The decision underscores the importance of accurate legal interpretation and the role of appellate courts in rectifying potential miscarriages of justice. Trending legal keywords such as 'land sale agreement', 'jurisdiction', and 'appellate review' are central to this case, offering valuable insights into the judicial process in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Ghai Khan
|
| Judges |
MUNIR A. SHEIKH,
JAVED IQBAL
|
| Lawyers |
Mumtaz Hussain Baqsi,
Mehta W.N Kohli,
Maqbool Elahi Malik,
Ihsanul Haq,
S.A.M. Qaudri
|
| Petitioners |
Mst. MUSSARAT ARA KHANNUM
|
| Respondents |
another,
UMAID ALI
|
| Citations |
2001 SLD 1538,
2001 SCMR 1647
|
| Other Citations |
PLD 1985 SC 341,
1994 SCMR 818,
1997 SCMR 1811
|
| Laws Involved |
Specific Relief Act,
Civil Procedure Code,
Constitution of Pakistan
|
| Sections |
S. 12,
S. 115,
Art. 185(3)
|