| Case ID |
0c0d73a4-9c6d-47b2-b059-212ef34727f8 |
| Body |
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| Case Number |
I.C.A. No.387 of 2000 |
| Decision Date |
Sep 10, 2008 |
| Hearing Date |
Sep 10, 2008 |
| Decision |
This appeal is found to have no merit and is dismissed. No order as to costs. |
| Summary |
In the landmark case of Ghullam Qadir vs Settlement Commissioner heard in the Lahore High Court under I.C.A. No.387 of 2000, the court delivered its decision on September 10, 2008. The case revolved around the Displaced Persons (Land Settlement) Act, 1958, specifically Sections 10 and 11, and the Transfer of Property Act, 1882, Section 41. The appellants, represented by M. Baleegh-uz-Zaman Chaudhry, contested the validity of land allotments made in the name of the deceased original allottee, Abdul Ghafoor. The court, presided over by Chief Justice SAYED ZAHID HUSSAIN and Justice UMAR ATA BANDIAL, found that the subsequent land allotments in District Bhakkar were fraudulent and thus canceled them. The decision emphasized the exhaustion of Abdul Ghafoor's land claim due to prior allotments in District Kasur and the invalidation of his power of attorney upon his demise. Additionally, the court rejected the appellants' reliance on Section 41 of the Transfer of Property Act, highlighting that statutory protection was not applicable in the sale of evacuee property. Other notable aspects included the dismissal of claims regarding the informant's participation in the land sale. The decision was final, with the appeal dismissed and no costs ordered. This case underscores the judiciary's stance on fraudulent land transactions and the limitations of statutory protections in specific contexts, making it a pivotal reference for future land settlement and property transfer disputes. Additionally, the ruling references the precedent set in Talib Hussain and others v. Member, Board of Revenue and others 2003 SCMR 549, reinforcing the legal framework surrounding property disputes in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Settlement Commissioner,
Displaced Persons (Land Settlement) Act, 1958,
District Bhakkar,
Transfer of Property Act, 1882,
District Kasur,
District Sheikhupura
|
| Judges |
SAYED ZAHID HUSSAIN, C.J.,
UMAR ATA BANDIAL, J
|
| Lawyers |
M. Baleegh-uz-Zaman Chaudhry,
Mian Muhammad Yousaf Saqi
|
| Petitioners |
GHULAM QADIR
|
| Respondents |
SETTLEMENT COMMISSIONER
|
| Citations |
2009 SLD 562,
2009 CLC 1012
|
| Other Citations |
Talib Hussain and others v. Member, Board of Revenue and others 2003 SCMR 549 rel.
|
| Laws Involved |
Displaced Persons (Land Settlement) Act, 1958,
Transfer of Property Act, 1882
|
| Sections |
10,
11,
41
|