| Case ID |
109832c3-61e2-4562-8b90-382a5f7129e4 |
| Body |
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| Case Number |
Civil Petition No. 12 of 1977 |
| Decision Date |
Oct 03, 1983 |
| Hearing Date |
Oct 03, 1983 |
| Decision |
The Supreme Court of Pakistan upheld the dismissal of the petitioner's application for ejectment of the respondent from the property in question. The Court found that the petitioner could not be recognized as a landlord since the property was acquired by the Provincial Government for the Lahore Improvement Trust under the authority of the Central Government. The petitioner's claim, based on a P.T.O issued by the Settlement Department, was deemed insufficient as only P.T.D holders were entitled to compensation under the law. The Court clarified that while the High Court's previous decisions did not hinder the Improvement Trust from considering the petitioner's case, no further interference in the lower courts' decisions was warranted. The case illustrates the complexities surrounding landlord-tenant relations in the context of evacuee property and the legal implications of transfer orders issued by government authorities. |
| Summary |
In the notable case of Sheikh Muhammad Ali vs. Sheikh M. Mashkoor Anwar, the Supreme Court of Pakistan addressed significant legal issues surrounding landlord-tenant relationships involving evacuee property. The petitioner, Sheikh Muhammad Ali, claimed to be the landlord based on a transfer order issued in his favor, seeking the ejectment of the respondent from a composite property. However, the respondent contested this claim, arguing that the petitioner was not the rightful landlord. The Supreme Court reviewed the history of the property, which had been acquired by the Provincial Government under a development scheme, and noted that the petitioner was not a holder of a P.T.D but rather a P.T.O holder, which did not confer the same rights. The Court upheld the prior decisions of the Lahore High Court, reinforcing the legal principle that only transfer orders aligned with specific entitlements under the law could be recognized. This decision emphasizes the importance of understanding property rights, especially in cases involving government-acquired properties and the complexities of compensation laws for displaced persons. The ruling serves as a crucial reference for future cases involving similar legal questions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Provincial Government,
Central Government,
Settlement Department,
Lahore Improvement Trust
|
| Judges |
ASLAM RIAZ HUSSAIN,
NASIM HASAN SHAH
|
| Lawyers |
Kh. Muhammad Farooq, Advocate Supreme Court,
S. Inayat Hussain, Advocate-on-Record
|
| Petitioners |
Sheikh MUHAMMAD ALI
|
| Respondents |
Sheikh M. MASHKOOR ANWAR
|
| Citations |
1984 SLD 545,
1984 SCMR 518
|
| Other Citations |
Sh. Muhammad Sadiq v. Chief Settlement Commissioner and another P L D 1963 Lah. 499
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Urban Rent Restriction Ordinance,
Pakistan Administration of Evacuee Property Act, 1957,
Displaced Persons (Compensation and Rehabilitation) Act, 1958
|
| Sections |
Art. 185 (3),
VI of 1959, S. 13,
16 (3) (b),
3
|