| Case ID |
09622bcc-6e91-497e-9d75-830dd7036e94 |
| Body |
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| Case Number |
Civil Appeal No. 33 of 1977 |
| Decision Date |
May 24, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan affirmed the decisions made by the Lahore High Court concerning the transfer of the disputed property, which had been challenged on the grounds of improper authority exercised by the Assistant Settlement Commissioner. It was determined that the order of transfer issued by the Assistant Settlement Commissioner was invalid due to a lack of jurisdiction, as the property in question was of a composite nature and could not be transferred without proper authority. The court highlighted that the validation provided by the Assistant Settlement Commissioners (Validation of Orders) Act, 1973, did not retroactively cure the jurisdictional defect present in the original transfer order. Consequently, the appeal was allowed, emphasizing that the transfer of property must adhere to legal stipulations regarding jurisdiction and authority. |
| Summary |
This case revolves around the interpretation of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, particularly focusing on the jurisdiction of the Assistant Settlement Commissioner regarding the transfer of composite property. The Supreme Court of Pakistan addressed the legality of the transfer made to Mst. Hameeda Begum, which was contested by Ahmad Din, who claimed rights over a portion of the property. The court analyzed the statutory provisions and previous case law, concluding that the Assistant Settlement Commissioner overstepped his authority in transferring the composite property without the necessary declarations and approvals. This case underscores the importance of adhering to legal protocols in property transfers and the implications of jurisdictional authority in administrative decisions. Key legal principles about property rights, administrative authority, and statutory compliance are highlighted, making this case significant in property law and administrative law contexts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, ACTG. C.J.,
SHAFIUR RAHMAN,
S. A. NUSRAT
|
| Lawyers |
Ch. Khalilur Rahman, Senior Advocate,
Malik Khalid Mahmood Advocate,
Maqbool Ilahi Malik, Advocate
|
| Petitioners |
IQBAL MUHAMMAD AND OTHERS
|
| Respondents |
MUHAMMAD ILYAS AND Others
|
| Citations |
1983 SLD 320,
1983 SCMR 438
|
| Other Citations |
P L D 1964 Lab. 261,
P L D 1967 Lab. 786,
P L D 1967 S C 437,
S. Niaz Ali Shah v. The Settlement Authorities 1968 Law Notes S C 5
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act, 1958,
Assistant Settlement Commissioners (Validation of Orders) Act, 1973
|
| Sections |
2(12),
30,
2
|