2004 PLP 766 (SCMR)
HABIBAN and others — Petitioners Versus MUHAMMAD UMAR and another — Respondents
| Citation | 2004 PLP 766 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, Tanvir Ahmed Khan and Khalil-ur-Rehman Ramday, JJ |
| Parties | HABIBAN and others — Petitioners Versus MUHAMMAD UMAR and another — Respondents |
| Primary Law | (b) Constitution of Pakistan (1973), (a) Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2004 PLP 766 (SCMR)?
This judgment primarily cites: (b) Constitution of Pakistan (1973), (a) Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 766 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, Tanvir Ahmed Khan and Khalil-ur-Rehman Ramday, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 766 (SCMR) (HABIBAN and others — Petitioners Versus MUHAMMAD UMAR and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hasnat Ahmed, Advocate Supreme Court and C.M Latif, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 30th May, 2002.
- 3. We have heard the learned counsel for petitioners and have also gone through the impugned judgment carefully. We are of the opinion that vide impugned judgment learned High Court had distributed the property amongst the legal heirs of Muhammad Idrees according to their 'Shari' shares, as admissible under the Muslim Personal Law, 1962. It is also important to note that defendants/petitioners had admitted the claim of respondents in their statement.
Headnotes / Summary
(On appeal from the judgment/order dated 6-7-1999 passed by Lahore High Court, Lahore in C. R. No. 182 of 1991).
O. XXXII, R.7
Plaintiff's claim admitted by minor defendants through their father, who was not in their adverse interest in any manner, held, to be valid.
Art. 185(3)
Substantial justice done by High Court
Supreme Court would not interfere in such judgment in exercise of jurisdiction under Art. 185(3) of the Constitution.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, J.
This petition for leave to appeal has been filed against the judgment dated 6th July, 1999 passed by Lahore High Court, Lahore whereby civil revision filed by respondents has been allowed.
2. Precisely stating the facts of the case respondents filed a suit for specific performance of an agreement dated 20th November, 1984 allegedly executed by the Muhammad Idrees who is admittedly owner of the suit-land, for the sale of suit-land for the consideration of Rs.24,
000. According to the plaint a sum of Rs.20,000 was paid on 20th November, 1984 when the agreement to sell Exh. P.1 was executed. Petitioner No. 1 contested the suit, while petitioners Nos.2 to 11 filed a consenting written statement praying therein that the suit of the respondents be decreed as against the said petitioners. The learned trial Court framed issues on the basis of the pleadings of the parties. Both the parties led evidence in support of their respective contentions. Learned trial Judge, after hearing both the sides and having gone through the evidence available on record dismissed the suit vide judgment dated 21st June, 1989. Appeal filed by the respondents against the judgment of the trial Court was heard by learned Additional District Judge, Faisalabad, who vide judgment dated 15th January, 1991 dismissed the same. Feeling aggrieved from the judgments of the trial and Appellate Courts, respondents approached the learned High Court by filing civil revision, which has been allowed by means of impugned judgment. As such instant petition has been filed.
3. We have heard the learned counsel for petitioners and have also gone through the impugned judgment carefully. We are of the opinion that vide impugned judgment learned High Court had distributed the property amongst the legal heirs of Muhammad Idrees according to their 'Shari' shares, as admissible under the Muslim Personal Law, 1962. It is also important to note that defendants/petitioners had admitted the claim of respondents in their statement.
4. Learned counsel stated that some of the petitioners were minor, therefore, on their behalf no admission was made.
5. Suffice it to say that as far as such admission is concerned, that was made on their behalf by their real father Bashir, who was not in their adverse interest in any manner. Since in instant case substantial justice has been done by the learned High Court, therefore, we are of the opinion that no exception can be taken to the impugned judgment, in exercise of jurisdiction by this Court under Article 185(3) of Islamic Republic of Pakistan. Thus for the foregoing reasons, petition is dismissed and leave declined. S.A.K./H-65/S Leave declined.