| Case ID |
176dd9cb-0b02-46ae-998b-1f85a3d08708 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 410 |
| Decision Date |
Jan 24, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal, allowing the petitioners to contest the decision of the Lahore High Court which dismissed their writ petition regarding the disputed property. The case centered around the non-confirmation of a mortgage after partition, raising questions about the rights of mortgagees to the property under the Revised Settlement Scheme No. VIII. The court noted precedents indicating that no declaration of rights was necessary for Pakistani owners, as they retained possession until redemption by the Custodian of Evacuee Property. The decision emphasized the need to consider legal rights under the laws governing property transfers among evacuees and their tenants. |
| Summary |
This case revolves around the legal implications of property rights under the Revised Settlement Scheme No. VIII following the partition of India. It specifically addresses whether the non-confirmation of a mortgage in favor of mortgagees affects their claim to property transfer. The Supreme Court of Pakistan ruled on the rights of mortgagees and tenants, referencing significant precedents that clarify the legal framework governing such disputes. The court's decision is pivotal for understanding property rights in post-partition contexts, especially regarding evacuee properties. This case is crucial for legal practitioners specializing in property law and settlement schemes, as it highlights the intricate balance between tenants' rights and mortgagees' claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
S. USMAN ALI SHAH
|
| Lawyers |
Ch. Hamid-ud-Din Senior, Advocate Supreme Court,
Muhammad Aslam Chaudhry, Advocate-on-Record,
Malik Amjad Hussain, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record
|
| Petitioners |
anothers,
ABDUL SAJOOD
|
| Respondents |
5 others,
ADDITIONAL SETTLEMENT COMMISSIONER
|
| Citations |
1990 SLD 905,
1990 SCMR 1023
|
| Other Citations |
PLD 1962 SC 284,
PLD 1975 Pesh. 244,
PLD 1977 Lah. 576
|
| Laws Involved |
Constitution of Pakistan (1973),
Revised Settlement Scheme No. VIII
|
| Sections |
185(3)
|