| Case ID |
048908ad-b1af-45fc-9396-f688a6441323 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 259 of 1969 |
| Decision Date |
Dec 04, 1974 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal filed by Muhammad Rafique, affirming that the shop he occupied and the residential portion occupied by Major Muhammad Saleh Hashmi were two independent units. The court held that the appellant was not entitled to claim transfer of the disputed house as he was not in possession of any portion of it. The findings of the Settlement Authorities were upheld, stating that the appellant had no legal standing to further contest the transfer of the house, which had been finalized long ago and never challenged. The decision reinforces the principle that claims regarding property must be substantiated by possession. |
| Summary |
This case revolves around the Displaced Persons (Compensation and Rehabilitation) Act and the property dispute between Muhammad Rafique and Major Muhammad Saleh Hashmi. The core issue was the possession and transfer of a disputed house in Sialkot. The Supreme Court of Pakistan examined various orders made by the Settlement Authorities and concluded that the appellant's claim to the residential portion of the property was invalid as he was not in possession of it. The court emphasized the independence of the commercial and residential portions of the property, which had been consistently recognized in prior rulings. The ruling underscored the necessity for claimants to establish possession in property disputes, thereby providing clarity on the application of the law regarding property rights for displaced persons. This case serves as a significant reference for similar disputes involving claims of displaced persons and the implications of possession in property law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
SALAHUDDIN AHMED,
ANWARUL HAQ,
MUHAMMAD GUL,
MUHAMMAD AFZAL CHEEMA
|
| Lawyers |
Qadir Bakhsh
|
| Petitioners |
MUHAMMAD RAFIQUE
|
| Respondents |
OTHERS,
Major MUHAMMAD SALEH HASHMI
|
| Citations |
1975 SLD 143,
1975 SCMR 95
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act
|
| Sections |
S. 10
|