| Case ID |
0956b100-f259-4227-85c0-1a15ee339734 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No.1300 |
| Decision Date |
Mar 13, 1984 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused leave to appeal against the Lahore High Court's judgment, which had determined that the occupancy tenants were entitled to ownership rights of 3/4th of the land they had been cultivating. The court upheld the High Court's decision that the rights of the tenants had been extinguished only up to the year 1954, and therefore, the tenants' claims to ownership based on their historical payments of produce were valid. The petitioners contended that the exact share of the produce payable to the landlord had not been determined, necessitating further findings by revenue authorities. The court found no merit in this argument as the necessary findings were already established. The court also noted that the observations regarding the protection under section 41 of the Transfer of Property Act should not prejudice the civil court's adjudication. Ultimately, the leave to appeal was refused. |
| Summary |
In the landmark case of Civil Petition for Special Leave to Appeal No. 1300 and 1301 of 1983, the Supreme Court of Pakistan addressed significant issues concerning the rights of occupancy tenants under the Punjab Tenancy (Amendment) Act of 1952 and the Transfer of Property Act of 1882. The court ruled on the entitlement of occupancy tenants to ownership rights based on their historical payments of produce to landlords. The decision emphasized the importance of understanding the limitations imposed by law regarding tenant rights and ownership claims. The ruling reinforced the legal precedent that occupancy tenants who had historically paid a share of produce were entitled to ownership rights until 1954, challenging prior interpretations that suggested otherwise. This case is pivotal for understanding tenant rights and property law in Pakistan, and it highlights the interplay between constitutional provisions and property rights legislation. Keywords: tenant rights, property law, Supreme Court of Pakistan, occupancy tenants, Punjab Tenancy Act, Transfer of Property Act. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
SHAFIUR RAHMAN
|
| Lawyers |
Malik Muhammad Qayyum
|
| Petitioners |
others,
NASIM HUSSAIN
|
| Respondents |
others,
ILAM DIN
|
| Citations |
1985 SLD 274 = 1985 SCMR 610
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Transfer of Property Act, 1882
|
| Sections |
185(3),
41,
114
|