| Case ID |
1376b964-7bb5-4440-aed2-1e23e687800a |
| Body |
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| Case Number |
Civil Petition No.99 of 1983 |
| Decision Date |
Aug 09, 1988 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitioner's civil revision, which arose from a claim for the allotment/sale of an Ahata in dispute. The petitioner's allotment was followed by the deposit of the sale price, yet the respondent filed an appeal that resulted in the Ahata being allotted to them. The petitioner's challenge failed at all levels, including before the Colony Revenue Authorities, and his civil suit was dismissed based on jurisdiction issues. The court concluded that the petitioner did not acquire a vested right through the allotment and payment, and thus could not succeed before the Civil Court. The High Court's dismissal of his revision was deemed correct, leading to the refusal of leave to appeal. |
| Summary |
This case revolves around the legal principles concerning the allotment of government lands, specifically under the Colonization of Government Lands (Punjab) Act and the Constitution of Pakistan. It highlights the procedural aspects of civil petitions and the importance of jurisdiction in civil suits. The Supreme Court found that the petitioner, despite having deposited the sale price for the allotment of an Ahata, did not secure a vested right once the allotment was canceled in favor of the respondent. The case underscores the complexities of land allotment disputes and the legal recourse available to aggrieved parties. Legal professionals must navigate these challenges carefully, as jurisdictional issues can significantly impact the outcomes of such cases. Overall, this ruling serves as a critical reference for future cases involving land allotment and civil jurisdiction, making it essential for legal practitioners to stay informed about similar precedents. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL
|
| Lawyers |
Ch. Khurshid Ahmad, Advocate Supreme Court,
Tanvir Ahmed Sheikh, Advocate-on-Record
|
| Petitioners |
NAZAR HUSSAIN SHAH
|
| Respondents |
PUNJAB PROVINCE through Collector, Vehari and another
|
| Citations |
1989 SLD 878,
1989 SCMR 1060,
1989 SLD 1434
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Colonization of Government Lands (Punjab) Act, 1912
|
| Sections |
185(3),
10
|