| Case ID |
0281237e-68f0-4a1f-95df-d518e765d621 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 19-P of 1975 |
| Decision Date |
May 20, 1985 |
| Hearing Date |
May 20, 1985 |
| Decision |
The Supreme Court allowed the appeal, holding that the High Court had erred in reversing the findings of the Settlement and Rehabilitation Authorities. The Court concluded that the house in question did not qualify as 'land' under the relevant laws since it was not held for agricultural purposes or purposes subservient to agriculture. The Court maintained the decision of the Settlement Authorities to dispose of the house through public auction and directed that the entitlement of the appellant be determined after notice to the respondent. |
| Summary |
This case involves a dispute regarding the classification of a house in a rural area under the Displaced Persons (Land Settlement) Act, 1958. The Supreme Court of Pakistan addressed whether the house constituted 'land' eligible for transfer under agricultural land claims. The Court found that the house was not situated on land used or held for agricultural purposes and thus could not be transferred as part of the agricultural land allotment. The decision emphasized the importance of statutory definitions and the authority of Settlement Commissioners. The case illustrates the complexities of land settlement laws and the legal principles governing property rights. Key legal terms include 'land', 'settlement', 'rehabilitation', and 'agricultural purposes'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Peshawar High Court,
Settlement and Rehabilitation Authorities
|
| Judges |
MUHAMMAD HALEEM, C.J.,
ZAFFAR HUSSAIN MIRZA,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
M. Sardar Khan, Advocate Supreme Court,
S.M. Zaffar, Senior Advocate Supreme Court,
Abdul Samad Khan, Advocate-on-Record
|
| Petitioners |
MUHAMMAD RAMZAN
|
| Respondents |
NOOR MUHAMMAD,
SETTLEMENT AND REHABILITATION COMMISSIONER
|
| Citations |
1986 SLD 349,
1986 SCMR 151
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Land Settlement) Act (XLVII of 1958)
|
| Sections |
185(3),
199,
2(3),
20(iii)
|