| Case ID |
0c2b0559-7db7-4206-8c8c-92afecc1fca3 |
| Body |
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| Case Number |
Writ Petition No. 168-R of 1982 |
| Decision Date |
Nov 02, 1992 |
| Hearing Date |
Nov 02, 1992 |
| Decision |
In the case of Writ Petition No. 168-R of 1982, the Lahore High Court rendered its decision on November 2, 1992. The court upheld the findings of the Settlement Commissioner, concluding that the disputed property, located at 22 Manohar Street, Nicholson Road, Lahore, was indivisible. The petitioner, Muhammad Sham, failed to demonstrate that his predecessor-in-interest, Muhammad Amir, had prior possession of the property compared to the respondent, Hassan Ashraf Siddiqui. The Settlement Commissioner's assessment, which included a spot inspection and review of documentary evidence, determined that the property's structure, including a single entrance and staircase, made it unsuitable for division between multiple families. Consequently, the court dismissed the writ petition without ordering any costs, reinforcing the legal principles outlined in the Displaced Persons (Compensation and Rehabilitation) Act of 1958 and the Constitution of Pakistan. The judgment emphasized the non-scrutiny of factual findings made by a tribunal of exclusive jurisdiction, aligning with precedents such as Mirza Akram Beg v. Messrs Abdul Ghani and others. This ruling underscores the judiciary's role in upholding property rights and the procedural integrity of settlement commissions in resolving property disputes. |
| Summary |
The Lahore High Court adjudicated Writ Petition No. 168-R of 1982 on November 2, 1992, addressing a pivotal property dispute under the Displaced Persons (Compensation and Rehabilitation) Act of 1958 and the Constitution of Pakistan. The petitioner, Muhammad Sham, contested the Settlement Commissioner's decision to transfer the indivisible property at 22 Manohar Street, Nicholson Road, Lahore, to respondent Hassan Ashraf Siddiqui. The court upheld the Settlement Commissioner's findings, which were based on thorough material analysis and a site inspection that revealed the property's structural limitations for division. The petitioner failed to establish prior possession of the property by his predecessor, Muhammad Amir, relative to Hassan Ashraf. The judgment emphasized the non-interference with factual determinations made by tribunals of exclusive jurisdiction, referencing the landmark case Mirza Akram Beg v. Messrs Abdul Ghani and others (1987 SCMR 1284). Legal representatives, including Syed Zamir Hussain for the petitioner and Malik Muhammad Nawaz, Ahmad Waheed Khan, and Inayathullah Khan for the respondents, presented their arguments, but the court found no merit in the petitioner's claims. The decision reinforces the legal framework governing property disputes, the role of settlement commissions, and the judiciary's commitment to maintaining procedural fairness and property rights. This case highlights key legal principles relevant to real estate law, administrative law, and constitutional jurisprudence in Pakistan, serving as a significant reference for future litigations involving property indivisibility and prior possession claims. |
| Court |
Lahore High Court
|
| Entities Involved |
Settlement Commissioner,
Muhammad Amir,
Hassan Ashraf Siddiqui
|
| Judges |
MIAN SAEEDUR REHMAN FARRAKH, J
|
| Lawyers |
Syed Zamir Hussain,
Malik Muhammad Nawaz,
Ahmad Waheed Khan,
Inayathullah Khan
|
| Petitioners |
MUHAMMAD SHAM
|
| Respondents |
SETTLEMENT COMMISSIONER,
others
|
| Citations |
1994 SLD 1075,
1994 CLC 1641
|
| Other Citations |
Mirza Akram Beg v. Messrs Abdul Ghani and others (1987 SCMR 1284 ref)
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),
Constitution of Pakistan (1973)
|
| Sections |
S. 10,
Art. 199
|