| Case ID |
1aa730b0-aee8-420a-be44-99572d616179 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 140 of 1981 |
| Decision Date |
Aug 21, 1984 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition on the grounds that the petitioner, Rahat Javed, was unable to establish his locus standi to seek the transfer of the Ishar Dass Building. The court noted that the claim was based on a forged document and perjury, thus rendering the petitioner ineligible for the transfer. The court upheld the previous decision of the Lahore High Court, which had observed that the will presented by the petitioner was likely forged and that the assertions made lacked credibility. As a result, the petition was dismissed, and the petitioner was not entitled to claim the property. |
| Summary |
This case revolves around the issue of locus standi concerning the transfer of the Ishar Dass Building in Lahore. The Supreme Court of Pakistan addressed the petition of Rahat Javed, who claimed rights to the property based on a will allegedly executed by G.S. Kapur. However, the court found that the will was likely forged and that the petitioner did not establish his standing to claim the property. The ruling emphasized the importance of credible evidence in property claims and highlighted the consequences of perjury in legal proceedings. This case underscores the complexities involved in property transfer cases, especially those related to evacuee properties in Pakistan, and sets a precedent for future cases concerning locus standi and document authenticity. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
M.S.H. QURAISHI
|
| Lawyers |
Not available
|
| Petitioners |
RAHAT JAVED
|
| Respondents |
others,
ABDUL BASHIR
|
| Citations |
1985 SLD 485,
1985 SCMR 473
|
| 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
|