| Case ID |
19ef9b10-386e-4fee-8144-2e88359162df |
| Body |
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| Case Number |
Civil Appeal No. 122 of 1977 |
| Decision Date |
Dec 10, 1979 |
| Hearing Date |
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| Decision |
The Supreme Court concluded that the appeal should not be deemed defective due to the death of Ahmed Din, as the interests of the remaining respondents were identical to those of the deceased. The Court held that the absence of Ahmed Din did not impair the appeal's validity and allowed the case to proceed on its merits. The Court found errors in the lower court's decisions regarding the status of the land and ruled that the respondents were not entitled to possession as displaced persons, ultimately restoring previous ejectment orders against them. |
| Summary |
In the landmark case of Qadir Bakhsh vs. Saifur-Rehman, the Supreme Court of Pakistan addressed the complexities surrounding agricultural land disputes involving displaced persons and the implications of abatement due to the death of a respondent. The Court emphasized the principle that the interests of remaining parties can sustain an appeal even if one party passes away, provided their interests align. The case revolved around the rightful possession of state agricultural land, previously allotted to a non-Muslim member of a criminal tribe before Partition. Following a series of administrative and judicial reviews, the Court ultimately ruled that the land was not evacuee property and that the respondents had no legal claim to it. This decision reinforces the importance of procedural integrity and the rights of displaced persons in land settlement cases, highlighting the need for clear legal representation and adherence to established laws governing land allotments. The case sets a significant precedent in Pakistan’s legal landscape regarding land disputes, procedural law, and the rights of individuals affected by historical injustices. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
MUHAMMAD AFZAL ZULLAH, JJ
|
| Lawyers |
Ch. Muhammad Hasan, Advocate instructed by Rana Maqbool Qadri, Advocate-on-Record,
Jariullah, Advocate,
M. Bilal, Advocate
|
| Petitioners |
QADIR BAKHSH
|
| Respondents |
Ali Muhammad,
SAIFUR-REHMAN,
Ahmed Din
|
| Citations |
1981 SLD 185,
1981 SCMR 166
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| Other Citations |
Iman Ali v. Furkan Ali Mendal P L D 1960 Dacca 3,
Elahi Bakhsh v. Budha and another 1961 S C M R 328,
Nawab Karim v. The Chief Settlement Commissioner and 2 others 1970 S C M R 72,
Shah Muhammad v. Muhammad Bakhsh P L D 1972 S C 321,
Wali v. Manak Ali P L D 1965 S C 651,
Agha Shauhat Ali v. The Settlement and Rehabilitation Commissioner P L D 1973 S C 124,
Ahmad Din v. Abdul Khalik P L D 1979 Lah. 898
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| Laws Involved |
Not available
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| Sections |
Not available
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