| Case ID |
16652a57-70fe-4f0f-b9a7-51352674172d |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 223-L of 1999 |
| Decision Date |
May 23, 2002 |
| Hearing Date |
|
| Decision |
The court dismissed the petition for leave to appeal, affirming the Lahore High Court's judgment which had dismissed the writ petition filed by the petitioners. The court found that the petitioners' claim to the evacuee property was based on a fraudulent transaction, as the vendor, Syed Nizamuddin, failed to maintain his entitlement. The court held that fraudulent transactions vitiate all proceedings, and thus the petitioners could not claim protection under Section 41 of the Transfer of Property Act for the evacuee property. The final ruling emphasized the importance of legal entitlement in property transactions, particularly when dealing with evacuee lands. |
| Summary |
This case revolves around the legal complexities of property rights concerning evacuee land in Pakistan. The Supreme Court addressed issues of fraudulent transactions, entitlement, and the legal protections afforded to vendees under the Transfer of Property Act. The petitioners argued that they had purchased the land in good faith from a vendor who was purportedly the lawful owner. However, the court found that the original transfer to the vendor was invalid due to fraud, thus dismissing the petitioners' claims. This ruling underscores the significance of verifying legal entitlement when dealing with property transfers, especially in cases involving evacuee property. Key legal frameworks involved include the Evacuee Property and Displaced Persons Laws (Repeal) Act, the Transfer of Property Act, and the Displaced Persons (Land Settlement) Act. The decision serves as a precedent in property law, clarifying the limitations of legal protections in fraudulent transactions. It highlights the necessity for due diligence in real estate transactions, especially in contexts where property rights are contested. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
KHALIL-UR-REHMAN RAMDAY,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Ch. Irshad Ullah Chattha,
Ch. Mehdi Khan Mehtab,
Sh. Abdul Aziz,
Tanvir Ahmad Khan
|
| Petitioners |
others,
TALIB HUSSAIN
|
| Respondents |
others,
MEMBER, BOARD OF REVENUE
|
| Citations |
2003 SLD 902,
2003 SCMR 549
|
| Other Citations |
Yousuf Ali v. Muhammad Aslam Zia PLD 1958 SC (Pak.) 104,
Ghias-ud-Din v. Iqbal Ahmad and 5 others PLD 1975 Lah, 780,
Lal and another v. Muhammad Ibrahim 1993 SCMR 710,
Government of Sindh through Chief Secretary and others v. Khalil Ahmad and others 1994 SCMR 782,
John Paul v. Irshad Ali and others PLD 1997 Kar. 267,
Mst. Sarwari Begum v. Atta-ur-Rehman 1997 CLC 1500,
Muhammad Yaqoob v. The State 1997 PCr. LJ 1979
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975,
Transfer of Property Act, 1882,
Displaced Persons (Land Settlement) Act, 1958
|
| Sections |
2,
3,
4,
41,
10,
11
|