| Case ID |
079c1e60-2c51-40e7-a7dc-54d353266ef4 |
| Body |
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| Case Number |
Civil Petition No. 152 R of 1979 |
| Decision Date |
Dec 09, 1979 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal filed by the landlord against the order of the Lahore High Court. The High Court had allowed the writ petition of the respondent against his eviction by Revenue Authorities, determining that the respondent, being in cultivating possession, could not be evicted simply on the basis of being labeled a lessee rather than a tenant. The Court emphasized that the protection afforded under the relevant law should apply to lessees in cultivating possession, and hence the eviction order was declared without lawful authority. The case underscored the importance of due process and the rights of individuals in possession of property, affirming that legal remedies must be pursued in accordance with the law. |
| Summary |
In the landmark case of Allah Ditta vs. Ghulam Nabi, the Supreme Court of Pakistan deliberated on the nuances of property rights under the Land Reforms Regulation and the Punjab Tenancy Act. The crux of the case involved the distinction between lessees and tenants and the implications of such classifications on eviction processes. The Court reaffirmed the rights of individuals in possession of agricultural land, emphasizing that mere changes in titles or classifications should not lead to unlawful evictions. The judgment highlighted the necessity for legal authorities to adhere to due process when dealing with property disputes, especially in the context of agricultural land, where the protection of cultivating individuals is paramount. This case serves as a precedent in understanding tenant rights and the legal obligations of landlords, making it a significant reference point in property law discussions in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
MUHAMMAD AFZAL ZULLAH, J
|
| Lawyers |
Syed Riaz Ahmad Pirzada, Advocate Supreme Court,
Khan Imtiaz, Muhammad Khan, Advocate on-Record
|
| Petitioners |
ALLAH DITTA
|
| Respondents |
OTHERS,
GHULAM NABI alias NABI BAKHSH
|
| Citations |
1980 SLD 265,
1980 SCMR 360
|
| Other Citations |
Muhammad Yousaf v. Province of Punjab P L D 1976 Lah. 328
|
| Laws Involved |
Land Reforms Regulation, 1972,
Punjab Tenancy Act (XVI of 1887),
Constitution of Pakistan (1973)
|
| Sections |
Para. 25,
S. 50,
Art. 199
|