| Case ID |
05383a28-087e-45fc-9666-3e889c27aa77 |
| Body |
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| Case Number |
C.A. No. 339 of 2016 |
| Decision Date |
Jun 23, 2022 |
| Hearing Date |
Jun 23, 2022 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal of the Appellants against the Lahore High Court's decision, which had restored the judgment of the Trial Court, effectively dismissing the Appellants' suit due to lack of jurisdiction. The Court held that the Civil Court lacked the authority to adjudicate on the matter in light of the provisions of the Displaced Persons (Land Settlement) Act, 1958, particularly Section 25, which barred civil and revenue courts from having jurisdiction over matters determined by the Central Government or its appointed officers. The Appellants failed to approach the proper forum for redressal of their grievances regarding the mortgage rights and the status of the suit land, which was treated as evacuee property. The Court also noted that the suit was time-barred under the Limitation Act as it was filed well after the six-year limitation period prescribed for declaratory suits. Consequently, the Court upheld the High Court's ruling and dismissed the appeal. |
| Summary |
This case involves a dispute regarding the ownership and redemption of a mortgage on land under the Displaced Persons (Land Settlement) Act, 1958, and the Transfer of Property Act, 1882. The Appellants, descendants of the original mortgagor, claimed that they had redeemed the mortgage in 1892 but faced legal challenges when the land was treated as evacuee property after the partition of India. The Supreme Court found that the Appellants did not pursue their rights through the appropriate channels and that their suit was time-barred. The ruling emphasizes the importance of jurisdictional authority and the necessity for claimants to follow the established legal processes for resolving property disputes, particularly in cases involving historical land settlements and mortgage rights. This case highlights the complexities of property laws in Pakistan, especially in the context of land ownership disputes arising from historical events such as the partition. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Ijaz-ul-Ahsan,
Jamal Khan Mandokhail
|
| Lawyers |
Not available
|
| Petitioners |
Dadu Khan (Deceased) through LRs and 3 others
|
| Respondents |
Ghulam Abbas and 23 others
|
| Citations |
2023 PLJ 121,
2023 SLD 1074
|
| Other Citations |
2005 SCMR 1004,
2015 SCMR 1721,
1992 SCMR 1822,
PLD 2003 Lah. 441
|
| Laws Involved |
Displaced Persons (Land Settlement) Act, 1958,
Transfer of Property Act, 1882
|
| Sections |
18,
25,
58
|