Messrs ANWAR INDUSTRY LTD. vs Mst. REHMAT BIBI And Other
This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan, arising from proceedings in the High Court involving a dispute over land. The central legal questions involve the standing of a party to compromise and withdraw a Letters Patent Appeal after having sold the subject property during the pendency of a writ petition, and whether such an act prejudices the rights of a bona fide purchaser. Furthermore, the Court addresses whether the High Court was under a mandatory obligation to conduct an inquiry under Section 12(2) of the Code of Civil Procedure 1908 upon allegations of collusion between the parties, and the applicability of the doctrine of lis pendens under Section 52 of the Transfer of Property Act 1882 at the appellate stage in the context of alleged collusive proceedings. The Supreme Court granted leave to appeal to examine these issues, confirming an interim order while prohibiting further construction on the property pending the final disposal of the appeal, thereby preserving the status quo.
- Does a party retain the right to compromise and withdraw a Letters Patent Appeal after selling the subject land during the pendency of a writ petition?
- Is the High Court obligated to conduct an inquiry under Section 12(2) of the Code of Civil Procedure 1908 when allegations of collusion are brought to its notice?
- Does Section 52 of the Transfer of Property Act 1882 apply at the appellate stage in cases involving collusive proceedings?
- Section 12(2), Code of Civil Procedure 1908
- Section 52, Transfer of Property Act 1882
ORDER
1. MUHAMMAD HALEEM, C.J.--Leave to appeal is granted to consider the following questions:
(a) Whether Mst. Rehmat Bibi after having sold the land measuring 20 Kanals and 12 Marlas during the pendency of the writ petition had any right left in her to compromise and withdraw the Letters Patent Appeal so as to affect the rights of the bona fide purchaser, namely, the appellant as a result of the collusion between herself and the respondents;
(b) Whether it was obligatory on the High Court to hold an inquiry under section 12(2) of the Code of Civil Procedure in the context of the aforesaid collusion having been brought to its notice on the law laid down by this Court in Mst. Safia Bibi v. Mst. Aisha Bibi 1982 SCMR 494; and
(c) Whether section 52 of the Transfer of Property Act had any application at the appellate stage in view of the aforesaid collusive nature of the proceedings?
2. Security for costs Rs.2,500. The interim order is confirmed with the further direction that the appellant shall not make any additional construction till the disposal of the appeal. To be heard on the present record at an early date with liberty to the parties to file additional documents, if any.
Cited by 1 case
- Mst. SAEEDAN and 4 others vs Mst. HAJRAN and others 1991 MLD 1554