| Case ID |
038b50ae-0933-43e8-9d20-8a597b3f5a57 |
| Body |
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| Case Number |
Civil Appeal No. 245 of 1982 |
| Decision Date |
Feb 23, 1988 |
| Hearing Date |
Feb 23, 1988 |
| Decision |
The Supreme Court of Pakistan ruled in favor of Mst. Saeed Begum, setting aside the order of the Lahore High Court. The court emphasized that the transfer of the property should adhere to the provisions of the Displaced Persons (Compensation and Rehabilitation) Act of 1958, which mandates the rights of claimant displaced persons. The court found that the High Court unjustly interfered with the division of evacuee property, depriving the appellant of her rightful claim despite her prior possession. The court restored the order of the Settlement Commissioner, Sargodha, which recognized the appellant's rights over the property in question, indicating that the issuance of a Permanent Transfer Document (P.T.D.) to the respondents did not impede the appellant's claim as it was based on an order that was void ab initio. |
| Summary |
This case revolves around the rights of displaced persons regarding the transfer of evacuee property under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. Mst. Saeed Begum, the appellant, contested the Lahore High Court's decision which had unjustly interfered with the property rights of displaced persons. The Supreme Court's ruling reinstated the principles of justice and legality in property transfers, emphasizing that proper procedures must be followed to ensure that the rights of individuals are respected. The case highlights the importance of adhering to legal frameworks established for the rehabilitation of displaced persons, ensuring that their claims are honored and that they are not deprived of their rightful possessions. Keywords such as 'Displaced Persons', 'Evacuee Property', 'Supreme Court of Pakistan', and 'Property Rights' contribute to the SEO optimization of this case summary. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
ALI HUSSAIN QAZILBASH,
USMAN ALI SHAH
|
| Lawyers |
Not available
|
| Petitioners |
Mst. SAEEDA BEGUM
|
| Respondents |
5 others,
SETTLEMENT COMMISSIONER, SARGODHA CAMP LYALLPUR
|
| Citations |
1988 SLD 2355,
1988 SCMR 885
|
| Other Citations |
Mst. Hussan Jan v. Abdul Rahman and another 1976 SCMR 119
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act, 1958,
Constitution of Pakistan, 1973
|
| Sections |
1,
185(3)
|