| Case ID |
1a3977fb-c824-443f-85b7-dced0023ba67 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 149 |
| Decision Date |
Oct 03, 1972 |
| Hearing Date |
|
| Decision |
The petition was dismissed as the petitioner was not in undisputed possession of the property in question. The court found that the petitioner failed to provide adequate evidence to support his claim of being the allottee of the house. The Deputy Settlement Commissioner had previously ruled against the petitioner, citing issues with eligibility and arrears of rent. The additional appeals filed by the petitioner were also dismissed due to time constraints and lack of evidence. The court upheld the decisions of the lower authorities, concluding that since the petitioner was not in undisputed possession of the property, he could not benefit from the transfer provisions outlined in the relevant notification. |
| Summary |
In the case of Civil Petition for Special Leave to Appeal No. 149 of 1972, the Supreme Court of Pakistan addressed issues arising from the Displaced Persons (Compensation and Rehabilitation) Act of 1958. The case involved a dispute over the ownership of a house in Tandlianwala, which was transferred to the respondent Abdul Ghafoor. The petitioner, Ch. Shah Muhammad, claimed entitlement to the house based on his alleged continuous possession since 1947. However, the court found that the petitioner had failed to establish his claim, as he did not provide any proof of being the allottee. The Deputy Settlement Commissioner dismissed the petitioner's requests on the grounds of eligibility and outstanding rent. Subsequent appeals were also denied, reinforcing the conclusion that the petitioner was not in a position to claim benefits under the law. The court emphasized the requirement of undisputed possession for the transfer of property under the relevant notifications, ultimately dismissing the petition. This case highlights the complexities surrounding property rights and the necessity for clear evidence when claiming entitlements under rehabilitation laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD AHMAD,
SALAHUDDIN AHMED
|
| Lawyers |
Chaudhri Inayat Ullah,
Mahmood A. Qureshi
|
| Petitioners |
Ch. SHAH MUHAMMAD
|
| Respondents |
ABDUL GHAFOOR,
2 others
|
| Citations |
1972 SLD 238,
1972 SCMR 382
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
Schedule, para. 3
|