| Case ID |
19544ef8-fdc0-4892-a23b-3ba4b4e4ba03 |
| Body |
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| Case Number |
Civil Appeal No. 140 of 1976 |
| Decision Date |
Mar 08, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal, holding that the entitlement of the respondent to the property could be re-examined to ascertain whether the Permanent Transfer Deed (P.T.D.) was erroneously issued. The Court emphasized that the finality of the P.T.D. was not accepted, and the High Court's earlier decisions did not preclude the examination of entitlement. The appeal was allowed with costs, and the impugned judgment in the writ petition was set aside, allowing for a proper examination of the entitlement by the Notified Officer in accordance with the observations made by the High Court. |
| Summary |
In the case of Civil Appeal No. 140 of 1976, the Supreme Court of Pakistan addressed the complex issues surrounding the transfer of property under the Displaced Persons (Compensation and Rehabilitation) Act. The case involved the respondent's claim to a property that was initially sold under the impression that it was only machinery being auctioned. The Supreme Court found that the High Court had erred in its previous rulings that did not recognize the respondent's entitlement to the property. The Court underscored the importance of a thorough examination of the facts surrounding the issuance of the Permanent Transfer Deed, ruling that the matter required further scrutiny by the Notified Officer. This case highlights the significance of legal processes in property transfer disputes, particularly under laws designed to assist displaced persons. Key terms include 'property transfer', 'Permanent Transfer Deed', and 'Displaced Persons Act'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
S.A. NUSRAT,
ZAFFAR HUSSAIN MIRZA,
JAVID IQBAL,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
A.R. Sheikh, Senior Advocate Supreme Court,
M.A. Qadri, Advocate-on-Record (absent),
Fakhr-ud-Din G. Ibrahim, Advocate Supreme Court,
S. Ipayat Hussain, Advocate-on-Record
|
| Petitioners |
WARASATULLAH THROUGH LEGAL RELATIVES
|
| Respondents |
WARASATULLAH through Legal Representatives
|
| Citations |
1987 SLD 648 = 1987 SCMR 1698
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),
Civil Procedure Code (V of 1908)
|
| Sections |
185,
199,
10,
20,
Sched.,
0. XLI, R.33
|