| Case ID |
1a75bcfe-9385-499b-aa1e-ef6d9c6571d2 |
| Body |
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| Case Number |
Petition for Special Leave to Appeal No. 201 of 19 |
| Decision Date |
Oct 26, 1972 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal, affirming the Lahore High Court's decision that the residential rooms were independent of the industrial concern. The court emphasized that the residential rooms and the industrial concern were distinct entities despite a common entrance. The petitioner's claim that the residential rooms should be part of the industrial concern was rejected based on the evidence that indicated the separation of the two units and the legal provisions under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. |
| Summary |
This case revolves around a dispute regarding the division of property following the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The Supreme Court of Pakistan evaluated the claims made by K. S., Muhammad Nawaz Khan, regarding the ownership of residential rooms associated with an industrial concern. The court found that the residential rooms were not part of the industrial concern as they were situated independently within the building. The decision highlights the importance of understanding property rights in the context of displaced persons and the implications of the law concerning industrial properties. The ruling reinforces the interpretation of 'house' as defined in the relevant legislation, and the court's decision serves as a precedent in similar cases involving property disputes in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
ANWARUL HAQ, J
|
| Lawyers |
Muhammad Asaf, Senior Advocate,
Gulzar Hasan, Advocate-on-Record
|
| Petitioners |
K. S., MUHAMMAD NAWAZ KHAN
|
| Respondents |
Mst. NUR BEGUM
|
| Citations |
1972 SLD 253,
1972 SCMR 413
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act XXVIII of 1958
|
| Sections |
2(4),
Sched. 1, Part IV, para. 14
|