| Case ID |
0c07f4db-ac83-404b-ba88-f44e94c22284 |
| Body |
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| Case Number |
Civil Appeal No.265 of 1977 |
| Decision Date |
Jun 07, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the order of the Lahore High Court, affirming that the transfer of land bearing Khasra No. 737/257 was not permissible under the Displaced Persons (Land Settlement) Act, as it was classified as a 'Ghair Mumkin house'. The Court determined that previous judicial proceedings concerning a different land parcel (Khasra No. 736/257) were incorrectly applied to the present dispute. As a result, the appellant's request for land transfer was denied, and the appeal was dismissed. The Court emphasized the importance of addressing each land dispute based on its specific circumstances and identifiers, ensuring that legal provisions are correctly interpreted and applied. This decision reinforces the legal framework governing land settlements and the criteria for property transfers under the relevant Act. |
| Summary |
In the landmark case of Civil Appeal No.265 of 1977, decided on June 7, 1987, the Supreme Court of Pakistan addressed a pivotal issue under the Displaced Persons (Land Settlement) Act (XLVII of 1958). The appellant, Hakim GHULAM RASUL, contested the transfer of land identified as Khasra No. 737/257, asserting that it constituted a 'Ghair Mumkin house' and was thus ineligible for transfer under the Act. The Court scrutinized the legal interpretations and previous judicial proceedings, noting that prior cases related to Khasra No. 736/257 were erroneously referenced in the current dispute. The judges, including Chief Justice MUHAMMAD HALEEM and Justices SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA, and ALI HUSSAIN QAZILBASH, concluded that the settlement authorities had misapplied the law by not considering the unique aspects of Khasra No. 737/257. Consequently, the appeal was dismissed, upholding the Lahore High Court's remand order. This decision underscores the necessity for precise legal analysis in land settlement cases and reinforces the standards for property transfer eligibility under Pakistani law. The involvement of prominent lawyers such as A.R. Shaukat and Ch. Akhtar Ali highlighted the case's significance in shaping land settlement jurisprudence. Overall, the Supreme Court's ruling serves as a crucial reference for future cases involving land disputes and the application of the Displaced Persons (Land Settlement) Act, ensuring that legal proceedings adhere to established statutory requirements and judicial integrity. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Supreme Court of Pakistan
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
A.R. Shaukat,
Ch. Akhtar Ali,
Mr. Kokab Iqbal,
Rao Muhammad Yousaf Khan
|
| Petitioners |
Hakim GHULAM RASUL
|
| Respondents |
KARAM HUSSAIN SHAH
|
| Citations |
1987 SLD 618,
1987 SCMR 1618
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Land Settlement) Act (XLVII of 1958),
Constitution of Pakistan (1973)
|
| Sections |
S. 10,
Art. 185(3),
Arts. 185 & 199
|