| Case ID |
177327e2-b103-4cd0-a233-c4d441fd6ff1 |
| Body |
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| Case Number |
Civil Appeal No. 70 of 1981 |
| Decision Date |
Mar 21, 1981 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the Deputy Settlement Commissioner had no jurisdiction to cancel the P.T.D. of the second respondent after the promulgation of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. The High Court's dismissal of the writ petition was found to be incorrect. The Court allowed the first respondent to amend his written statement to raise the plea of fraud against the petitioner. The Civil Judge was directed to hear and decide the suit according to law, ensuring both parties had the opportunity to present evidence. The decision emphasized the importance of jurisdiction and the proper conduct of legal proceedings, highlighting the need for adherence to statutory provisions. |
| Summary |
This case revolves around a dispute involving a small plot of evacuee property in Rawalpindi. The petitioner, who built houses on the land, purchased it from the second respondent, who had a P.T.D. before the repeal of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The first respondent claimed ownership based on a transfer order and sought to cancel the P.T.D. The Deputy Settlement Commissioner's order was deemed without jurisdiction, leading to a Supreme Court ruling that allowed the petitioner to pursue his claims in court while also permitting the first respondent to amend his defense based on allegations of fraud. This case illustrates the complexities of land ownership and the legal ramifications of jurisdiction in property disputes, emphasizing the necessity for legal clarity and the rule of law in property rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Dorab Patel,
Muhammad Haleem
|
| Lawyers |
Samad Mahmood,
Khan Imtiaz Muhammad Khan,
Mian Nazeer Ahmad,
Ch. Akhtar Ali
|
| Petitioners |
Others,
Raja Hassan Akhtar
|
| Respondents |
Others,
Akbar Khan
|
| Citations |
1981 SLD 307,
1981 SCMR 503
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act,
Evacuee Property and Displaced Persons Laws (Repeal) Act
|
| Sections |
25,
2
|