MUHAMMAD HUSSAIN And Others vs Mst. RAZIA RANA And Other
This matter arises from a petition for leave to appeal filed by Muhammad Hussain and others against the judgment of the Lahore High Court dated 30-6-1987, concerning a dispute over a piece of land situated in Mianapura, Sialkot City. The core legal question is whether a party can claim land based on the infirmity of the opposing party's title without establishing an independent right or title in themselves. The Supreme Court held that a plaintiff or petitioner cannot succeed on the basis of any infirmity in the defendant's or respondent's title without first demonstrating their own valid right or title to the property in question. Consequently, the Court dismissed the petition, establishing that a party must rely on the strength of their own title rather than the weakness of their opponent's.
- Can a petitioner succeed in claiming land based solely on the infirmity of the respondent's title?
- Is it necessary for a party claiming a piece of land to establish their own right or title before challenging the opposing party's title?
ORDER
RUSTAM S. SIDHWA, J.---This is a petition filed by Muhammad Hussain and others, petitioners, seeking leave to appeal against the judgment of the Lahore High Court, dated 30-6-1987.
2. The history of the case relates to an unending series of attempts made by the petitioners and their predecessor-in-interest to claim a small piece of land situated in Mianapura, Sialkot City.
Having lost at various levels, the petitioners now seek leave to appeal to claim the said land, not on the basis of the right or title vesting in them, but on the basis of the infirmity in the title of the said respondents. The petitioners cannot be permitted to succeed on the infirmity of the title of the respondents, without being first able to show their own right or title, which they don't have. This petition is, therefore, dismissed.