| Case ID |
1e2ab099-023a-48cd-be57-ee1ec84c6f1a |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No.54 of 1983 |
| Decision Date |
Nov 15, 1988 |
| Hearing Date |
Nov 15, 1988 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal. The case revolved around the issue of proprietary rights over a piece of land that had been leased under the Sheep Breeding Scheme. The petitioners' predecessor-in-interest had his lease expire in 1969 and subsequently lost the right to the land to a new allottee who was found entitled to confer proprietary rights. The court concluded that the petitioners' predecessor was neither a lessee nor in possession of the land at the time of the decision for conferment of rights, thereby denying the petitioners' claim for proprietary rights based on their predecessor's actions, including a murder charge that complicated the case further. |
| Summary |
This case highlights the complexities surrounding land rights and leases in Pakistan, particularly under the Colonization of Government Lands (Punjab) Act and the Constitution of Pakistan. The Supreme Court's ruling emphasized the importance of lawful possession and the implications of expired leases, as well as the tragic circumstances surrounding the murder of the subsequent allottee. The case serves as a critical reference for understanding land tenure disputes and the legal frameworks governing them in Pakistan, making it essential for legal practitioners and landowners alike to comprehend the nuances of property rights under existing laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL
|
| Lawyers |
Rana Muhammad Sarwar, Advocate Supreme Court,
Syed Inayat Hussain, Advocate-on-Record for Petitioners
|
| Petitioners |
and others,
QAMARUZZAMAN KHAN
|
| Respondents |
and others,
MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB LAHORE
|
| Citations |
1989 SLD 714,
1989 SCMR 703,
1989 SLD 1270
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Colonization of Government Lands (Punjab) Act
|
| Sections |
185(3),
10
|