Legal Case Summary

Case Details
Case ID 162e3382-329c-42af-a3a2-248870f2ef5c
Body View case body.
Case Number Civil Petitions for Special Leave to Appeal Nos. 7
Decision Date Nov 22, 1983
Hearing Date Nov 22, 1983
Decision The Supreme Court of Pakistan dismissed the petitions for special leave to appeal, concluding that the objections raised by the petitioners against the execution of the pre-emption decree were without merit. The court found that the petitioners did not raise any significant questions of law that warranted further examination. The objections were based on claims of ownership and possession that were ultimately unsubstantiated, as the land in question was recognized as evacuee property. The court upheld the decisions of the lower courts, reinforcing the legitimacy of the pre-emption decree obtained by the respondents.
Summary In the case of NABI KHAN AND others Vs. GHULAM MURTAZA AND another, the Supreme Court of Pakistan addressed the execution of a pre-emption decree under Article 185(3) of the Constitution of Pakistan (1973). The petitioners, who were unsuccessful objectors, challenged the execution, claiming ownership of the land based on their long-term possession. However, the court determined that the land was evacuee property and had been lawfully allotted to the predecessor of the respondents. The court's thorough examination concluded that the petitioners' claims were without merit, leading to a dismissal of their petitions. This case highlights the complexities of property law in the context of pre-emption and the rights of tenants versus owners, making it a significant reference point for similar legal disputes in Pakistan.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges SHAFIUR RAHMAN, ZAFAR HUSSAIN MIRZA
Lawyers Malik Abdul Latif, S. Safdar Hussain
Petitioners others, NABI KHAN
Respondents another, GHULAM MURTAZA
Citations 1984 SLD 492, 1984 SCMR 381
Other Citations Not available
Laws Involved Constitution of Pakistan (1973)
Sections Art. 185(3)