| Case ID |
05f341ed-1211-4573-bd87-e757b0281c93 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 286 |
| Decision Date |
Oct 12, 1967 |
| Hearing Date |
Oct 12, 1967 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal against the High Court's judgment regarding the division of a residential property consisting of a house and shops. The Court upheld the Settlement Authority's decision to divide the house into four portions and auction the shops, stating that the authorities acted within their jurisdiction. The Court ruled that the petitioners were not entitled to more than one house as defined under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The arguments against the mode of division and inclusion of shops were found to be without merit, leading to the refusal of leave for appeal. |
| Summary |
In the case of Muhammad Nawaz Khan and others vs. Settlement Authorities, the Supreme Court of Pakistan addressed a dispute regarding the division of property located at S-86-R-59, Ferozepur Road, Lahore. This complex included a residential portion and five shops. The Settlement Authority had approved the division of the residential area into four parts and the auctioning of the shops. The petitioners challenged this decision in the High Court but were unsuccessful. The Supreme Court affirmed the High Court's ruling, emphasizing the authority's jurisdiction to divide the house as it deemed fit under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The ruling clarified the legal interpretation of 'house' and upheld the Settlement Authority's discretion in property management. This case highlights important legal principles surrounding property rights and administrative authority in Pakistan, making it a notable reference for future cases involving similar property disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
High Court of West Pakistan, Lahore
|
| Judges |
S. A. Rahman,
Fazle-Akbar
|
| Lawyers |
Abdul Khaliq, Advocate Supreme Court,
Qamruddin Meo, Advocate Supreme Court
|
| Petitioners |
Abdul Khaliq,
Muhammad Nawaz Khan
|
| Respondents |
Settlement Authorities
|
| Citations |
1969 SLD 32,
1969 SCMR 964
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act, 1958
|
| Sections |
Part I
|