| Citation(s) |
|---|
| 1992 SLG 2188 1992 SLD 2188 1992 PLJ 139 |
Supreme Court of Pakistan
Civil Appeals Nos. 132 of 1989 and 539 of 1990, decided on 18.8.1991. [On appeal from judgment Dated 20.2..1989, of Lahore High Court, in R.S.A. No. 43 of 1985] Date of hearing: 29.1.1991.
ALI HUSSAIN QAZILBASH, JJ
Kh. Muhammad Habibullah, Senior Advocate, Supreme Court, and Mr. Muhammad Aslam Chaudhry, AOR for appellant (in CA. 132 of 1989) and for
Respondent (in C.A. 539 of 1990). Mr. Bashir Ahmad Ansari, Senior Advocate, Supreme Court, and Ch. Akhtar Ali, AOR
Civil Appeals Nos. 132 of 1989 and 539 of 1990, decided on 18.8.1991. [On appeal from judgment Dated 20.2..1989, of Lahore High Court, in R.S.A. No. 43 of 1985] Date of hearing: 29.1.1991.
ALI HUSSAIN QAZILBASH, JJ
Kh. Muhammad Habibullah, Senior Advocate, Supreme Court, and Mr. Muhammad Aslam Chaudhry, AOR for appellant (in CA. 132 of 1989) and for
Respondent (in C.A. 539 of 1990). Mr. Bashir Ahmad Ansari, Senior Advocate, Supreme Court, and Ch. Akhtar Ali, AOR
MUHAMMAD SIDDIQUE--Appellant
VS
Mst. AZIZ BEGUM and 4 others--Respondents
Law: Mesne Profits and Improvements Act, 1855
Section: 2
Law: Transfer of Property Act, 1882
Section: 51
(i) Estoppel-- —Principle of promissory estoppel-Whether rightly applied by High Court-Question of—Though disputed land was transferred in name of respondent but perusal of his application and affidavit shows that there existed certain arrangement between parties as to ownership of suit land, on basis whereof, appellant must have believed in good faith that he was entitled to suit land-Appellant occupied suit land and raised construction at his own cost-Respondent never objected to raising of construction verbally, through any written notice or through court of law—Held: Principle of equitable estoppel has rightly been applied by learned Single Judge and non-suited respondents for one who seeks equity must do equity-Impugned order upheld. [Pp.l45146]CD (ii) Mesne Profits and Improvements Act, 1855 (XI of 1855)-- —S. 2 read with Transfer of Property Act, 1882, Section 51—Transferee bonafide believing to be rightful owner and making improvements in property- -Compensation for-Claim of-Option to sell interest in property to occupant or to purchase interest of person in occupation-Under second part of Sections 2 and 51 of both Acts, option is given to owner but he is to purchase interest of person under threat of eviction-Owner is sole arbiter whether to sell his interest in property at hands of occupant or to purchase interest of latter-¬ Held: In this case, trial as well as second appellate court have deprived owner of suit land to exercise such an option, by application of principle of promissory estoppel. [P.145JAB JUDGMENT Ali Hussain Qazilbash, J.--Cross Civil Appeals bearing No. 132 of 1989 filed by Muhammad Siddique defendant/appellant and No. 539 of 1990 filed by Mst. Aziz Begum etc., successor-in-interest of Maj. Abdul Ghafoor plaintiffs/appellants arising from a judgment and decree of the Lahore High Court dated 20.2.1989 are being disposed of by this judgment. The facts in brief are that plot No. 17-A situate in Peoples Colony, Faisalabad measuring about 4 kanals was allotted to Maj. Abdul Ghafoor, predecessor-in-interest of the appellants in Civil Appeal No. 539/90 on 6.9.1953 (hereinafter called the respondents) and its possession was…
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