| Case ID |
0bd146b5-dac6-4239-869a-aac479e03dda |
| Body |
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| Case Number |
Civil Petition No.668 of 1980 |
| Decision Date |
Aug 17, 1983 |
| Hearing Date |
Aug 17, 1983 |
| Decision |
The Supreme Court of Pakistan held that the division of the bungalow by the Settlement authorities was a discretionary exercise of power that could not be questioned before the High Court in writ jurisdiction. The petitioner had challenged the division, claiming it was illegal under the instructions of a memorandum from 1959. However, the Court found that the Settlement authorities had the power to divide the bungalow, and this decision was upheld, leading to the refusal of leave to appeal. |
| Summary |
This case revolves around the division of a bungalow by Settlement authorities, which had been divided into two units based on the possession of the parties who had lived independently in their respective portions since 1949. The petitioner challenged this division after failing in the High Court. The Supreme Court ruled that the decision of the Settlement authorities could not be contested in the constitutional jurisdiction, reinforcing the discretionary power held by these authorities. This case highlights the limits of judicial review over administrative decisions and the importance of understanding the legal framework governing the division of property. The ruling emphasizes the need for clarity in legal instructions and the discretion exercised by authorities in property matters, making it a significant reference in property law and administrative law discussions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
M.S.H. QURAISHI
|
| Lawyers |
Mian Saeed-ur-Rehman Farrukh,
Sh. Salah-ud-Din
|
| Petitioners |
Ch. ABDUL AZIZ
|
| Respondents |
SETTLEMENT COMMISSIONER,
others,
Lahore High Court
|
| Citations |
1984 SLD 890,
1984 SCMR 1316
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
185(3),
199,
2 (4),
10
|