| Case ID |
0b88eda7-d3f4-43a0-9306-b60fb5918f6d |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 105 of 1965 |
| Decision Date |
May 31, 1971 |
| Hearing Date |
May 27, 1971 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal based on the findings that the appellants had previously filed similar applications which had been dismissed, and the new applications were deemed fraudulent due to non-disclosure of earlier dismissals. The court emphasized the importance of the principle that no party can seek relief from the court without coming with clean hands. Moreover, the delay in filing the applications and the non-joinder of necessary parties were significant factors leading to the dismissal. The court found that the appellants were not entitled to any relief due to the inordinate delay and the fraudulent nature of their filings. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed issues surrounding property rights and the legal principle of 'clean hands' in the context of the Evacuee Property Laws. The appellants, led by Pir Saleh Shah, sought to reclaim agricultural lands previously tenanted by non-Muslims, arguing that these lands should not be considered evacuee property due to the tenants' abandonment. The court scrutinized the procedural history, highlighting the appellants' previous applications that had been dismissed and their failure to disclose this in their current petition. The decision reinforced the legal doctrine that individuals must come to court with transparent and honest claims. The case is pivotal in understanding the complexities of property law in post-Partition Pakistan and the legal obligations of claimants under the Constitution of Pakistan and relevant evacuee property legislation. The judgment serves as a reference point for future cases involving property disputes and the necessity of full disclosure in legal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
M. R. KHAN,
WAHEEDUDDIN AHMAD,
SALAHUDDIN AHMED
|
| Lawyers |
Pir Muhammad Rafiuddin Shah, Advocate Supreme Court,
Muhammad Mehdi Anwar, Advocate-on-Record,
Iftikharul Haq Khan, Advocate Supreme Court,
Ijaz Ali, Advocate-on-Record
|
| Petitioners |
6 others,
Pir SALEH SHAH
|
| Respondents |
another,
Lahore High Court,
THE CUSTODIAN OF EVACUEE PROPERTY, PAKISTAN
|
| Citations |
1971 SLD 304,
1971 SCMR 543
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1962),
West Punjab Protection of Evacuee Property Act, 1948,
Pakistan (Administration of Evacuee Property) Ordinance, 1949,
Pakistan (Administration of Evacuee Property) Act, 1957
|
| Sections |
98,
8,
18,
22
|