| Case ID |
14c58b29-4ff2-4a82-a9ba-2ab5fde5744c |
| Body |
View case body. Login to View |
| Case Number |
Civil Petitions Nos.2747-L and 2748-L of 2002 |
| Decision Date |
Dec 22, 2004 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed Civil Petitions Nos. 2747-L and 2748-L of 2002, affirming the decision of the Lahore High Court. The petitioners claimed entitlement to property declared as evacuee trust property but failed to substantiate their claims regarding the payment of the property price before the stipulated target date. The court found that no Permanent Transfer Deed had been issued to the petitioners, and thus their claim to the property was denied. The court ruled that the petitioners were not transferees of the property in question, and their attempts to seek eviction of a respondent were deemed misconceived. The court upheld the previous rulings, refusing leave to appeal. |
| Summary |
This case revolves around the Displaced Persons (Compensation and Rehabilitation Act (XXVIII of 1958) and its implications on property rights regarding evacuee trust property. The Supreme Court of Pakistan examined the claims made by the petitioners, who argued that they had received a provisional transfer order for the property before the cut-off date of June 30, 1968. However, they could not provide evidence of payment for the property, which was a necessary condition to qualify for the concession offered under the law. The court referenced previous judgments to clarify that without payment, the petitioners could not claim rights to the property. The decision emphasizes the importance of adhering to legal procedures and maintaining proper documentation in property transfer cases, especially concerning evacuee trust properties. This case highlights the complexities surrounding property rights in Pakistan, particularly in relation to historical injustices faced by displaced persons. Keywords like 'evacuee trust property', 'property rights', and 'Supreme Court of Pakistan' are crucial for understanding the legal landscape of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KHALIL-UR-REHMAN RAMDAY,
FALAK SHER
|
| Lawyers |
Ihsan-ul-Haq Chaudhry, Advocate Supreme Court,
Ch. Talib Hussain, Advocate-on-Record for Petitioners,
Ch. M. Bakhsh, Advocate Supreme Court,
Faiz-ur-Rehman, Advocate-on-Record for Respondent No. 4
|
| Petitioners |
HAMEEDUR-REHMAN through L.Rs.
|
| Respondents |
SECRETARY TO THE GOVERNMENT OF PAKISTAN, MINISTRY OF RELIGIOUS AFFAIRS and another
|
| Citations |
2008 SLD 1650,
2008 SCMR 668
|
| Other Citations |
Tahir Ali v. Federation of Pakistan and others PLD 1987 Kar. 290,
Assistant Administrator, Evacuee Trust Property v. Muhammad Ayub and others 2003 SCMR 841
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation Act (XXVIII of 1958),
Constitution of Pakistan (1973)
|
| Sections |
10,
185(3)
|