| Case ID |
ffeb5770-6884-4ab1-8095-cd0cf6c4cd43 |
| Body |
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| Case Number |
Petitions Nos. 176-C of 2007 and 9-C of 2009 |
| Decision Date |
Jul 07, 2009 |
| Hearing Date |
|
| Decision |
The court accepted Petition No.176-C of 2007, setting aside the order dated 17-9-2007, while dismissing Petition No.9-C of 2009 filed by Raja. It directed that the disputed property shall be devolved upon all the legal heirs of Sardara according to their respective shares, subject to the deposit of the amount falling in their share with the PCBL. The court found that the exclusion of some heirs from the claim was based on fraud and misrepresentation, and rectified the oversight to ensure fair distribution among all rightful heirs. |
| Summary |
This case involves the legal dispute over the rightful ownership and distribution of a property initially purchased by Sardara. The Lahore High Court examined two petitions: one filed by Muhammad Sarfraz and others, and another by Raja, regarding the orders passed by the Punjab Cooperative Board for Liquidation (PCBL). The core issue revolved around the exclusion of some heirs from the property claims, which was later found to be based on fraudulent misrepresentation. The court directed that the property should be distributed among all legal heirs of Sardara according to their shares, subject to financial settlement with the PCBL. The judgment highlights the importance of ensuring that all legal heirs are fairly considered in property disputes, especially when fraud is involved. Keywords like 'property dispute', 'legal heirs', and 'fraudulent misrepresentation' are central to understanding this case. Notably, the decision serves as a reminder of the legal principles governing property rights and the protection of rightful heirs against fraudulent claims. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Cooperative Board for Liquidation,
NICFC,
Messrs Nespak
|
| Judges |
IJAZ AHMAD CHAUDHRY
|
| Lawyers |
Mian Shahid Iqbal,
Syed M. Kaleem Ahmed Khurshid,
Ch. Tariq Latif,
Mushtaq Ahmad Mohal
|
| Petitioners |
Muhammad Sarfraz,
Raja
|
| Respondents |
Respondent No.2,
CHAIRMAN, PUNJAB COOPERATIVE BOARD FOR LIQUIDATION,
Respondents Nos.6 to 12
|
| Citations |
2010 SLD 1203,
2010 YLR 91
|
| Other Citations |
AIR 1962 ALLA ABAD 684,
PLD 1994 Lahore 108,
PLD 1989 SC 166
|
| Laws Involved |
Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993
|
| Sections |
7
|