| Case ID |
0b89589d-fda2-4c4c-9eb8-bd0213e15617 |
| Body |
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| Case Number |
Civil Appeal No.609 of 1990 |
| Decision Date |
Dec 11, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the appeal of Mahboob Ali Butt, restoring the transfer of the disputed property to him. The court found no evidence of fraud or misrepresentation in the transfer process, which had been previously canceled by a Deputy Settlement Commissioner. The court emphasized that the rejection of the appellant's earlier application occurred without due process, highlighting the necessity for hearings and notice in administrative decisions. This ruling reinstated the appellant's rights to the property, making it clear that prior affiliations of family members to the property did not disqualify him from claiming it. The decision underscored the importance of fair administrative procedures and the protection of property rights under the law. |
| Summary |
In the case of Civil Appeal No.609 of 1990, the Supreme Court of Pakistan dealt with the issue of property rights under the Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975). The appellant, Mahboob Ali Butt, sought to restore his ownership of a property that had been transferred to him after a series of administrative decisions that involved his family members. The case highlighted key legal principles surrounding administrative justice, the importance of proper procedural safeguards, and the standards for proving fraud or misrepresentation in property transfers. The court's ruling emphasized that without clear evidence of wrongdoing, administrative bodies could not arbitrarily cancel property transfers. This decision has implications for property law and administrative procedures within Pakistan, reinforcing the necessity of transparency and fairness in legal processes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
RUSTAM S.SIDHWA
|
| Lawyers |
M.M.Saeed Beg,
Tanvir Ahmad,
Rao Muhammad Yousaf Khan,
S. M. Naseem,
Ch. Walayat Umar
|
| Petitioners |
MAHBOOB ALI BUTT
|
| Respondents |
4 others,
DEPUTY SETTLEMENT COMMISSIONER,
IJAZ AHMAD KHAN
|
| Citations |
1992 SLD 358,
1992 PLD 83
|
| Other Citations |
Not available
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)
|
| Sections |
2(2)
|