2005 PLP 1586 (MLD)
MASHKOOR HUSSAIN SHAH and 3 others — Appellants Versus MUNAWAR SHAH and others — Respondents
| Citation | 2005 PLP 1586 (MLD) |
| Forum / Court | Supreme Court (AJ&K) |
| Bench Members | Khawaja Muhammad Saeed, CJ and Chaudhary Muhammad Taj, J |
| Parties | MASHKOOR HUSSAIN SHAH and 3 others — Appellants Versus MUNAWAR SHAH and others — Respondents |
| Primary Law | Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 2005 PLP 1586 (MLD)?
This judgment primarily cites: Specific Relief Act (I of 1877) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1586 (MLD)?
The case was heard and decided by the Supreme Court (AJ&K) bench comprising: Khawaja Muhammad Saeed, CJ and Chaudhary Muhammad Taj, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1586 (MLD) (MASHKOOR HUSSAIN SHAH and 3 others — Appellants Versus MUNAWAR SHAH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Ss.42 & 54
Suit for declaration and permanent injunction
Pleadings of the parties showed that no dispute existed about specific Survey number and all the Courts also had found no controversy in that regard
Courts, including the High Court had found that parties were owners in equal shares so far as said Survey number was concerned
Controversy in the case was confined to another Survey number
Respondents had claimed that by virtue of an agreement they were the owners in possession of suit-land while appellants had claimed its ownership to the extent of one half of share in respect of said suit-land
Prima facie, no agreement was available in respect of said another Survey number
Decree for permanent injunction passed in favour of respondents in respect of said another Survey number was not maintainable
Courts below and High Court were under mistaken impression that a compromise was effected in respect of the said Survey number during the earlier litigation
Order of High Court was set aside by the Supreme Court and matter was remanded to the Trial Court which would proceed in accordance with law.