| Case ID |
10355fa0-de2d-4354-ae32-69ee47a96152 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 214 of 1976 |
| Decision Date |
Apr 26, 1982 |
| Hearing Date |
|
| Decision |
The petitioner, Abdur Rehman, sought Leave to Appeal against the order of the Lahore High Court which dismissed his writ petition on 17-12-1975. The case revolved around a shop that was auctioned in 1961, which was transferred to Ali Bakhsh following an application that included an affidavit from the original auction purchaser stating no objection to the transfer. Thirteen years later, Rehman filed a revision petition alleging fraud concerning the transfer. The Supreme Court noted that the High Court's ruling was based on the fact that the Settlement Department had become functus officio after the Permanent Transfer Deed was issued to Ali Bakhsh. The Court found no objection to the grounds of the High Court's ruling and noted that substantial justice had been served, ultimately dismissing the petition for Leave to Appeal. |
| Summary |
The case of Abdur Rehman vs. Ali Bakhsh revolves around the auction and subsequent transfer of a shop in Kot Mithon Sharif, which was auctioned in 1961. The successful bidder, Muhammad Sharif, associated with Ali Bakhsh to facilitate the transfer of the property after failing to pay the full auction price. After thirteen years, Rehman claimed that the transfer was fraudulent and sought to cancel the Permanent Transfer Deed issued to Ali Bakhsh. The Supreme Court upheld the High Court's decision that the Settlement Department had no further authority to intervene after the issuance of the deed, concluding that Rehman had delayed his objections for too long. This case highlights issues of property transfer, authority of settlement departments, and the importance of timely legal action in property disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Muhammad Afzal Zullah
|
| Lawyers |
Ahmad Waheed Khan,
Sh. Abdul Karim,
Ch. Muhammad Hussain
|
| Petitioners |
Abdur Rehman
|
| Respondents |
Another,
Ali Bakhsh
|
| Citations |
1983 SLD 184,
1983 SCMR 146
|
| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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