| Case ID |
0525b76a-6864-47b6-9401-496533489127 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 61- |
| Decision Date |
Dec 07, 1972 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal, affirming that the Custodian of Evacuee Property did not act without lawful authority in condoning the delay in filing an application under the Pakistan Administration of Evacuee Property Act. The Court found that the petitioners had sufficient reasons for the delay, as they were unaware of the property's status as evacuee property until they discovered it during a review of records. The Custodian's decision to accept the application was supported by evidence that the property had been misclassified, and thus the appeal was rejected, maintaining the Custodian's authority in such matters. |
| Summary |
The case revolves around the application for a declaration of property status under the Pakistan Administration of Evacuee Property Act, 1957. The Supreme Court's decision emphasized the importance of judicial discretion in the condonation of delays under the Limitation Act. The petitioners, heirs of a wealthy landlord, argued that they were unaware their property was classified as evacuee property due to historical circumstances involving litigation and mismanagement of records by authorities. The Court upheld the Custodian's findings, emphasizing the need for accurate record-keeping and understanding of property rights, especially in cases involving evacuee property. The ruling illustrates the balance between legal procedure and substantive justice, reinforcing the idea that laws are meant to serve justice rather than serve as mere procedural hurdles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
ANWARUL HAQ, J
|
| Lawyers |
Mian Muhammad Younis, Advocate Supreme Court,
Amirzada Khan, Advocate-on-Record
|
| Petitioners |
Haji MOTABAR
|
| Respondents |
Nawabzada MUHAMMAD UMAR KHAN AND OTHERS
|
| Citations |
1972 SLD 333,
1972 SCMR 627
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Administration of Evacuee Property Act,
Limitation Act
|
| Sections |
22,
5
|