| Case ID |
1a9bf3cd-3eed-4693-ba66-b58a5308a75e |
| Body |
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| Case Number |
Civil Petition No. 1153 of 1976 |
| Decision Date |
Mar 12, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan, upon reviewing the case concerning the transfer of property No. S.86 R 74, Ferozepur Road, Lahore, reaffirmed the decision of the Deputy Settlement Commissioner which granted Tufail Muhammad Khan the portion of the property he possessed. The petitioners contended that they were entitled to more land than what was allocated to them, specifically claiming a portion of the lawn that they never possessed. The court found that the petitioners did not lay claim to the additional portions before the Settlement Commissioner and had no objections to the allocated portions, leading to the dismissal of their writ petition. The court upheld the High Court's decision, refusing leave to appeal. |
| Summary |
The case revolves around the dispute of property allocation under the Displaced Persons (Compensation and Rehabilitation) Act, where the petitioners contest the decision of the Deputy Settlement Commissioner regarding the property they were allocated. The Supreme Court emphasized the importance of possession and prior claims in property disputes, highlighting that the petitioners failed to substantiate their claims for additional land. This case serves as a significant reference for understanding property rights and the legal framework governing displaced persons in Pakistan. The judgment clarifies that claims for property not previously possessed are untenable, and it reinforces the legal principle that possession is a critical factor in property disputes. By rejecting the appeal, the court has set a precedent for similar cases, emphasizing that parties must assert their claims through appropriate legal channels. This decision is pivotal for legal practitioners and those involved in property law as it delineates the boundaries of claims based on possession and the procedural requirements for contesting property allocations under relevant laws. Keywords: property law, Pakistan, property rights, Supreme Court, Displaced Persons Act, legal claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
M. S. H. QURAISHI
|
| Lawyers |
Syed Zainul Abidin,
Sh. Abdul Karim
|
| Petitioners |
MUHAMMAD SALEEM KHAN,
TUFAIL MUHAMMAD KHAN
|
| Respondents |
DEPUTY SETTLEMENT COMMISSIONER,
OTHER
|
| Citations |
1983 SLD 224,
1983 SCMR 1031
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
Art. 185(3),
S. 10
|