| Case ID |
158ae3cc-0560-421c-b927-d2055aae1a0a |
| Body |
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| Case Number |
Civil Petition No.736 of 1977 |
| Decision Date |
Nov 19, 1985 |
| Hearing Date |
Nov 19, 1985 |
| Decision |
The petitioner, a Sikh by birth occupying his ancestral land, sought a declaration that the land was non-evacuee after embracing Islam and remaining in Pakistan post-Partition. The Custodian rejected his claim of ownership through adverse possession, which was upheld by the High Court. The Supreme Court agreed with the Custodian's view that the petitioner failed to prove adverse possession and noted that the petitioner did not adequately press his case for retaining his share in the ancestral land. Ultimately, the petition was dismissed with the observation that if legally possible, he should be allowed to retain his own share, but the responsibility to reopen the matter lies with him due to his own actions. |
| Summary |
This case revolves around the legal complexities of property rights concerning evacuee property in Pakistan. The petitioner, a Sikh who remained in Pakistan after the Partition and converted to Islam, claimed ownership of his ancestral land, which was classified as evacuee property. The crux of the case lies in the interpretation of adverse possession laws and the rights of individuals who did not migrate during the Partition. The Supreme Court's decision emphasized the importance of legal proof in claims of ownership and the procedural aspects of retaining ancestral property. This case serves as a significant reference in discussions about property rights, heritage, and the legal ramifications of religious conversion and migration during historical upheavals in Pakistan. Keywords: property rights, evacuee property, adverse possession, Supreme Court of Pakistan, legal claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Custodian,
Evacuee Property
|
| Judges |
NASIM HASAN SHAH,
S.A. NUSRAT
|
| Lawyers |
Pir Syed Altaf Hussain Shah,
S. Wajid Hussain
|
| Petitioners |
KAISAR SINGH alias SARDAR KHAN
|
| Respondents |
others,
ABDUL MAJID
|
| Citations |
1986 SLD 604,
1986 SCMR 758
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Pakistan Administration of Evacuee Property Act (XII of 1957)
|
| Sections |
Art. 185(3),
S. 41,
S. 23
|