| Case ID |
1e1bbc35-2009-44a2-a2a2-1229fc7a53ba |
| Body |
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| Case Number |
Civil Appeals Nos. 145 and 166 to 169 of 1983 |
| Decision Date |
Feb 10, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan decided on the appeals arising from the common judgment of the Lahore High Court. The issues at hand revolved around the authenticity of land sales conducted by individuals who had made fraudulent claims to land allotments. The court examined whether the sales in question were valid, given the fraudulent means through which they were obtained. The court found that the sales made by Murad Khan and others were indeed fraudulent and that the subsequent allotments made to the appellants were invalid. The court ultimately set aside the High Court's judgment, reaffirming that the lands in question were to remain classified as evacuee property, and thus not subject to the claims made by the appellants. As a result, the appeals were allowed with no order as to costs. |
| Summary |
This case involves a significant ruling by the Supreme Court of Pakistan regarding the legality of land allotments and sales conducted under fraudulent pretenses during the period of Martial Law. The core issue was whether the land transactions made by Murad Khan and others, which were based on bogus claims, could be upheld. The court ruled that these transactions were void and emphasized the importance of protecting the rights of bona fide purchasers against fraudulent claims. The decision underscores the principles of property rights and the legal implications of fraud in land allotments. The ruling also highlights the role of the Martial Law Regulations in governing such disputes and the court's commitment to ensuring justice in cases of land fraud. The key takeaway from this case is the reaffirmation of the status of evacuee property and the legal protections afforded to rightful claimants against fraudulent actions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFLUR RAHMAN, S. A. NUSRAT,
ZAFFAR HUSSAIN MIRZA,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
M. Ahmad Hasan Khan, Advocate Supreme Court,
Mahmood A. Qureshi, Advocate-on-Record,
Bashir Ahrnad Ansari, Senior Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Raja A. Razzaq, Advocate-on-Record,
Talib Haider Rizvi, Advocate Supreme Court,
S. Wahid Hussain, Advocate-on-Record,
S. Inayat Hussain, Advocate-on-Record,
Raja Abdul Razzaq, Advocate-on-Record,
Sh. Masud Akhtar, Advocate-on-Record,
Syed Iqbal Haider Zaidi, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record
|
| Petitioners |
NUSRAT ALI SHAH AND others
|
| Respondents |
AMIR AND OTHERS
|
| Citations |
1987 SLD 870,
1987 PLD 297
|
| Other Citations |
Muhammad Khan v. Border Allotment Committee P L D 1965 S C 623
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Land Settlement) Act (XLVII of 1958),
Martial Law (Recovery of Unauthorised Evacuee Property) Regulation, 1958,
Rural Rehabilitation and Settlement Scheme
|
| Sections |
185(3),
199,
10,
C. M. L. A.'s No. 49,
para. 14(1),
para. 14(2)
|