| Case ID |
166ec07e-ab86-45ea-8618-171dcc1ce505 |
| Body |
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| Case Number |
Civil Petition No. 242 of 1977 |
| Decision Date |
Apr 02, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court converted the petition into an appeal, allowing the petitioner to add further documents. The court noted that the petitioner, a transferee of an open plot, failed to deposit the full amount within the specified period. The High Court had rejected the petitioner's claims based on equitable grounds due to his failure to meet payment obligations. However, the Supreme Court acknowledged the petitioner's long-standing physical possession and the constructions made on the plot, which would be lost to the auction purchaser if the plot was auctioned. The decision emphasized the importance of considering the circumstances of the case, particularly the petitioner's displacement status and subsequent payment of the full price. |
| Summary |
This case revolves around the failure of the petitioner, SHER MUHAMMAD, to deposit the full price of an open plot in a timely manner as required by the Additional Settlement Commissioner. The plot was subsequently put up for auction. The petitioner argued that certain notices were required before the auction could proceed, but the High Court dismissed this argument due to the petitioner's own conduct. The Supreme Court, while converting the petition into an appeal, highlighted the equitable considerations surrounding the case. It took into account the petitioner's long-term physical possession of the plot, the construction made on it, and the potential loss to the auction purchaser if the plot was auctioned. The court's decision underscores the need to balance legal obligations with equitable considerations, particularly for displaced persons. The outcome allows the petitioner to present additional documents and prepares the case for further hearing, emphasizing the importance of thorough legal representation and the nuances of property rights under the Constitution of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH
|
| Lawyers |
A. R. Shaukat Senior Advocate Supreme Court,
S. Abid Nawaz, Advocate on-Record,
Tanvir Ahmad, Advocate on-Record
|
| Petitioners |
SHER MUHAMMAD
|
| Respondents |
OTHERS,
SETTLEMENT COMMISSIONER, LAHORE
|
| Citations |
1983 SLD 238,
1983 SCMR 1049
|
| Other Citations |
P L D 1982 S C 272
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185
|