Dispute over title
Dispute over title legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Sale deed relied upon by petitioner was executed during currency of interim orders passed in civil suit pending before High Court
False affidavit was given in the suit to procure registration of sale deed in question
Statements of officials in civil suit in question confirmed that defendants in that suit were encroachers who had conveyed title to petitioner
Revenue record declared title of land in question as fake by Board of Revenue and revenue officials were held responsible for falsifying the records who were dismissed from service
Sale deed in question was registered with Sub-Registrar having no jurisdiction over the subject property as the same fell within the jurisdiction of other Sub-Registrar
High Court declined to interfere in the matter but directed the authorities that till decision of title of subject plots/houses, temporary connections of electricity would be provided to them as the matter was already sub judice in civil suit
Constitutional petition was dismissed accordingly.
Petitioner was ex-wife of landlord and she claimed to be owner of premises and her suit for declaration against her ex-husband (landlord) was pending before civil court
Application for becoming party to ejectment proceedings was dismissed by Rent Controller and the same was maintained by Lower Appellate court
Validity
No case for interference in concurrent findings of facts recorded by two courts below was made out
Petitioner had no locus standi whatsoever to file appeal against ejectment order passed by Rent Controller, which order was not assailed by both the parties contesting rent proceedings
Petitioner claiming herself to be owner of premises, filed appeal before Lower Appellate Court, which had rightly been dismissed by said court
Constitutional petition was dismissed in circumstances.
"Dispute over title", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124939825
Precedents & Case Laws citing "Dispute over title"
1989SCMR850
PAKISTAN through Chairman, Railway Board — Petitioner Versus KHUDA BAKHSH and 7 others — Respondents
Court: High Court1991 S C M R 1376
ABDUL HAMEED NAZ and 7 others — Appellants Versus Mst. RAZIA BEGUM AWAN and 4 others — Respondents
Court: High Court1987 M L D 580
Mst. HUSNA and 2 others — Appellants Versus MIR MUHAMMAD and 7 others — Respondents
Court: KarachiP L D 1984 Supreme Court 17
MAKHAN BANO-Appellant Versus Haji! ABDUL GHANI-Respondent
Court: -- S. 13 - Default - Tenant's denial of landlord's title simpliciter does entail forfeiture under general law but cannot by itself and independently be a ground sufficient for securing his ejectment Notwithstanding contract, tenant occupying premises and his ejectment is controlled by provisions of Ordinance-Tenant's denial of landlord's title is relevant for purposes of granting or refusing him an equitable discretionary relief when such denial is coupled with a manifest breach of his statutory duties as provided under Ordinance.Muhammad Yousaj v. Abdullah P L D 1980 S C 298 held not applicable.2017 C L C Note 111
TAHIR — Petitioner Versus JEHANGIR KHAN through L.Rs and others — Respondents
Court: PeshawarP L D 2005 Karachi 47
SHOUKAT ALI and 25 others — Petitioners Versus DEPUTY DISTRICT OFFICER (REV) AND LAND ACQUISITION OFFICER, SANGHAR and another — Respondents
Court: High Court2023 Y L R 2522
GOVERNMENT OF KHYBER PAKHTUNKHWA through Deputy Commissioner, Swabi and others — Petitioners Versus SAID AMIN and others — Respondents
Court: PeshawarP L D 1985 Supreme Court 1
PROVINCE OF PUNJAB THROUGH EDUCATION SECRETARY AND ANOTHER-Appellants Versus Mufti ABDUL GHANI-Respondent
Court: Ss. 2(c) & 13-"Landlord"-Definition-When a person relying on opening part of definition of "landlord" in S. 2(cl, basis his claim on right to receive rent on account of ownership of property, he will have to "satisfy" Rent Controller about his title-Such person would only be adjudged as landlord if he succeeds in satisfying Rent Controller-Failure of such person to satisfy Rent Controller would result into verdict against him-If Rent Controller's satisfaction is not beyond reasonable doubt even then verdict on question of ownership would be against such person.-Words and phrases.1991CLC99
Sh. MUHAMMAD HANIF‑‑‑Petitioner Versus MUHAMMAD NISAR and 2 others‑‑‑Respondents
Court: Lahore2024 M L D 1785
Hunain alias Moon — Appellant Versus Murad Bakhsh — Respondent
Court: Balochistan