| Case ID |
17997e32-9c7b-4274-85f6-811e69180db5 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.233 of 1987 |
| Decision Date |
Jan 28, 1990 |
| Hearing Date |
|
| Decision |
In the case of Civil Petition No.233 of 1987, the Supreme Court of Pakistan delivered its decision on January 28, 1990. The petitioners, Mst. Fatima Bibi and others along with Muhammad Amin and others, sought leave to appeal against the Lahore High Court's order dated April 7, 1987, which had dismissed their revision petition, thereby upholding the appellate court's decision. The core issue revolved around the inheritance of land from a non-Muslim evacuee lady, Mst. Malan. The petitioners claimed rightful inheritance, asserting that the property was not evacuee property. However, after thorough examination of both oral and documentary evidence, including Mutation No.1525 dated August 22, 1967, it was determined that Mst. Malan had migrated to India, and her property in Pakistan was classified and allotted as evacuee property. The respondents, who purchased the land from the allottee, were affirmed as the rightful owners. The Supreme Court found that the petitioners had no legitimate claim to retain the land, as the findings of the Appellate Court and the High Court were consistent and binding. Consequently, the petition was dismissed. This decision underscores the stringent application of evacuee property laws in Pakistan and reaffirms the judiciary's role in upholding established legal frameworks concerning property inheritance and ownership rights. |
| Summary |
In the landmark case Civil Petition No.233 of 1987, the Supreme Court of Pakistan adjudicated a pivotal dispute concerning evacuee property and inheritance rights under the Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975) and the Constitution of Pakistan (1973) Article 185(3). The petitioners, Mst. Fatima Bibi and others along with Muhammad Amin and others, challenged the Lahore High Court's decision dated April 7, 1987, which upheld the appellate court's ruling dismissing their claim to inherited land. Central to the case was the contention that the petitioners had rightful inheritance of land from Mst. Malan, a non-Muslim evacuee lady, asserting that the property should not be classified as evacuee property. However, the Supreme Court meticulously reviewed the evidence presented, including Mutation No.1525 dated August 22, 1967, which documented the partitioning of joint Khata between Mst. Malan and the Muslim petitioners. The findings conclusively showed that Mst. Malan had migrated to India, thereby rendering her property in Pakistan as evacuee property, which was subsequently lawfully allotted and purchased by the respondents. The court emphasized the binding nature of factual findings that were not contradicted by evidence, thereby nullifying the petitioners' claims. The decision reinforced the legal stance on property rights post-migration under Pakistani law, highlighting the judiciary's adherence to statutory frameworks governing evacuee properties. This case is significant for legal practitioners and scholars as it delineates the boundaries of inheritance rights, property classification, and the judicial processes involved in upholding or dismissing civil petitions related to displaced persons' properties. The Supreme Court's ruling serves as a precedent for future cases involving similar disputes, ensuring that property laws are applied consistently and justly, safeguarding the rightful ownership and preventing unlawful claims. Additionally, the case underscores the importance of thorough evidence appraisal and the judiciary's role in interpreting and enforcing legal statutes effectively. For individuals and entities dealing with property inheritance, especially in contexts involving migrations and evacuations, this judgment provides clear guidance on the legal implications and the necessary documentation required to establish legitimate claims. Overall, Civil Petition No.233 of 1987 is a cornerstone case in Pakistani civil law, reflecting the intricate balance between individual inheritance rights and statutory property classifications, thereby shaping the legal landscape for evacuee properties in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
Constitution of Pakistan (1973),
Supreme Court of Pakistan,
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975),
Additional District Judge, Sialkot
|
| Judges |
ABDUL SHAKURUL SALAM,
RUSTAM S.SIDHWA
|
| Lawyers |
Not available
|
| Petitioners |
Mst. FATIMA BIBI,
MUHAMMAD AMIN
|
| Respondents |
Not available
|
| Citations |
1991 SLD 867,
1991 SCMR 315
|
| Other Citations |
Not available
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975),
Constitution of Pakistan (1973)
|
| Sections |
S.2,
Art.185(3)
|