| Case ID |
15944dbe-ec7f-4234-a3d6-218009ac19b0 |
| Body |
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| Case Number |
Civil Appeal No. 44 of 1968 |
| Decision Date |
Nov 25, 1969 |
| Hearing Date |
Nov 10, 1969 |
| Decision |
The Supreme Court of Pakistan ruled that the High Court exceeded its jurisdiction by deciding the merits of the case after quashing the order of the Settlement Authorities. The Court emphasized that the proper course was to remand the case for fresh decision. It was determined that the notifications issued under the Displaced Persons (Compensation and Rehabilitation) Act could not be read together to confer possession rights to Mst. Afzal Jahan Begum, as neither she nor her husband had ever been in physical possession of the property in question. The Court set aside the High Court's order transferring the property to the respondent and maintained the order of the Settlement Commissioner. |
| Summary |
This case revolves around the interpretation of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, particularly regarding the transfer of property allotted to displaced persons. The Supreme Court addressed the issue of whether the High Court had the authority to determine the merits of the case after quashing the order of the Settlement Authorities. The Court concluded that the High Court should have remanded the case for a fresh decision rather than making a determination on the merits. The case highlighted the significance of physical possession in relation to legal notifications issued under the Act, clarifying that Mst. Afzal Jahan Begum was not entitled to the transfer of property as she had never been in physical possession. This judgment reinforced the procedural integrity of the Settlement Authorities and clarified the application of statutory provisions concerning property rights of displaced persons. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI,
M. R. KHAN,
WAHIDUDDIN AHMAD
|
| Lawyers |
A. K. Brohi, Senior Advocate Supreme Court,
A. H. Najafi, Advocate,
Dilawar Mahmood, Advocate Supreme Court,
S. Abid Nawaz, Attorney for Respondent No. 1,
Sardar Hidayat Ullah Khan, Advocate Supreme Court,
Iftikhar-ud-Din Ahmad, Attorney for Respondent No. 2
|
| Petitioners |
Begum B. H. Syed
|
| Respondents |
Another,
Mst. Afzal Jahan Begum
|
| Citations |
1970 SLD 6,
1970 PLD 29
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act, 1958
|
| Sections |
2,
98,
2(6)
|